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(영문) 대구지방법원 2020.12.11 2020노2751
약사법위반
Text

All the judgment below against the Defendants is reversed.

[Defendant A] The defendant A shall be punished by imprisonment with prison labor for one year and three months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Defendant A) Defendant A, in collusion with the above Defendant B, did not sell waste health masts, or manufactured masts without permission, and merely lent the purchase fund for waste health masts to the above B, constitutes an aiding and abetting crime.

Nevertheless, the judgment of the court below which found Defendant A guilty of committing each of the crimes in collusion with Defendant B, etc. is erroneous in the misunderstanding of facts.

(B) On September 22, 2020, the defendant A's grounds of appeal and his defense counsel's grounds of appeal on November 25, 2020 and each of the statements in the arguments as of November 25, 2020 are examined as above.

The respective types of punishment (i.e., imprisonment of Defendant A 2 years and six months, confiscation, (ii) imprisonment of Defendant B 1 year and three months, and (iii) imprisonment of Defendant D 1 year) imposed by the lower court are excessively unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding Defendant A’s assertion of mistake of facts, the lower court’s judgment against the Defendant A cannot be deemed to have erred by mistake of facts, since it is sufficiently recognized that Defendant A, in collusion with the upper Defendant B, etc. as stated in this part of the facts charged, sold waste health strings or manufactured without permission strings for health.

B. Examining the various circumstances as indicated below in the Defendants’ assertion of unfair sentencing, and other various sentencing conditions as indicated in the instant argument, including the Defendants’ age, character and conduct, environment, motive and background of the crime, means and consequence, as well as the circumstances after the crime, it is deemed that each sentence imposed by the lower court to the Defendants is too unreasonable.

The Defendants committed the instant crime with a view to gaining economic benefits by using waste health strings while having undergone co-ro 19 or Mastro 19. The Defendants committed the instant crime, and have a sanitary facility to produce Mastro.

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