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(영문) 대법원 2021.03.11 2020도18321
약사법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations in its judgment, exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on Article 48 of the Pharmaceutical Affairs Act.

The argument that the judgment of the court below contains errors in the misapprehension of legal principles and deliberation on the grounds for the exclusion of illegality is not a legitimate ground for appeal, since the defendant alleged that it was the grounds for appeal or that the court below did not have been subject to an ex officio decision.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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