The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by fine for negligence of KRW 7,000,000.

Defendant .

1. Summary of grounds for appeal;

A. The lower court’s punishment against Defendant C is too unreasonable (six months of imprisonment and two years of suspended execution).

B. The Prosecutor (Defendant B)’s sentence (one million won of fine) against the Defendant is too unhued and unreasonable.

2. Determination

A. Defendant C’s assertion of unfair sentencing seems to have led to the confession of the crime of this case and against his mistake. The crime of this case seems to have not reached the extent that the crime of this case may cause direct threat to health by falsely indicating the country of origin of the product or by manipulating the circulation period, etc. The Defendant has no criminal records of the same kind. However, the crime of this case is a case where Defendant advertised as if he had an effect on specific disease treatment and sells it, in light of social hazard and the degree of the Defendant’s participation in the above crime, etc., it is necessary to consider the punishment balance with the accomplice. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., the sentence of the original court against the Defendant is too unreasonable. Thus, Defendant’s assertion is without merit.

B. As to the prosecutor’s assertion of unfair sentencing on Defendant B’s assertion, the Defendant committed the instant crime against himself and did not repeat the instant crime, and the instant crime was not likely to cause direct threat to health by falsely indicating the origin of the product or manipulating the distribution period, etc., and there are some circumstances to consider the circumstances leading up to the relevant crime, and the detention of the Defendant appears to entail a difficulty to his dependants.