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(영문) 수원지방법원 2013.09.05 2013노3203
약사법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. The judgment is a favorable condition to the defendant that the defendant led to the confession and reflect of the crime of this case, that the defendant has no domestic criminal records, and that a significant portion of the imported medicines has not been distributed since the secret imported medicines have been seized.

However, considering the impact of the instant crime on the public health by importing medicines without obtaining permission, there is a high possibility of criticism in light of the effect of the instant crime, and the risk of harm and injury in the event that the medicines are distributed in the market as a strong progress control that may cause a scarcity, and the scale of the medicines that the Defendant was closely imported is not large, and all of the sentencing conditions, including the circumstances leading to the instant crime, the age, character and conduct of the Defendant, the character and conduct, the environment, and the circumstances after the crime, etc., determined by the court below, do not seem to be too appropriate and too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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