The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is an act that adversely affects the national health and sound distribution order of medicines, and thus requires a corresponding punishment, and the method of dealing with drugs containing Agraraacee, etc. is relatively professional and considerable amount, and the nature of the crime or the circumstances of the crime are not good for a considerable period of time, and the crime committed during the suspension period of the execution of the two different types of crimes is disadvantageous to the defendant.

However, in full view of the circumstances of the instant crime, including the fact that the Defendant recognized the instant crime through a prison life for about four months, the fact that there is no record of punishment for the same kind of crime, and other various sentencing conditions as shown in the instant argument, such as the background of the instant crime, the circumstances after the instant crime, the age, character and conduct, the environment, the degree of participation, and the balance of sentencing with the accomplice, the Defendant’s assertion is deemed unreasonable because it is too unreasonable.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning the relevant criminal facts, the choice of punishment, and Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;