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(영문) 서울중앙지방법원 2015.10.08 2015노2559
약사법위반
Text

The defendant's appeal is dismissed.

Reasons

The defendant asserts that, on the grounds of the appeal of this case, the punishment of the court below against the defendant (one hundred months of imprisonment, two years of suspended execution, and fine of ten thousand won) is too unreasonable.

Although the crime of this case is likely to cause serious harm to the health of pregnant or nursing women and the life of the fetus through the Internet, the defendant's participation in the systematic crime of selling the confirmable medicine that is likely to cause serious harm to the health of pregnant or nursing women and the life of the fetus through the Internet, and the nature of the crime is not good, and there are many sales or profits acquired by the defendant.

In full view of the aforementioned circumstances, the lower court’s sentencing is too unreasonable beyond the reasonable scope of discretion, as it did not change compared to the lower court’s judgment in light of the following: (a) the background and method of the instant crime; (b) the degree and period of participation; (c) the motive and period of participation; and (d) the Defendant’s age, character and conduct, career, home environment, and history of punishment; and (d) the overall circumstances that form the conditions for sentencing

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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