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(영문) 대법원 2014.07.10 2014도5366
약사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly adopted and examined by the lower court and the first instance court, the lower court’s determination that Defendant A was guilty of the facts charged in this case for the reasons indicated in its holding is justifiable.

There is no violation of law of free evaluation of evidence against logical and empirical rules.

According to Article 383 subparagraph 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a fine is imposed against Defendant A, the allegation that the amount of punishment is unreasonable cannot

2. As to Defendant B’s appeal, Defendant B did not submit the appellate brief within the statutory period, and Defendant B did not state the grounds for appeal in the petition of appeal.

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

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