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The judgment below
Among them, the part on the manufacture and sale of non-reported quasi-drugs shall be reversed.
Defendant
A. Imprisonment.
Reasons
1. The proceedings of the lawsuit and the trial scope of this court found Defendant A guilty of all the facts charged in this case and sentenced Defendant A to a suspended sentence of ten months and a fine of KRW 15 million to Defendant B (hereinafter “Defendant Company”), respectively, and the Defendants appealed against this.
The judgment of the court before remanding the case is reversed, and the court below found the defendant A guilty as to the storage of non-pharmaceuticals as stated in the facts charged of this case, and the false and exaggerated advertisements of non-pharmaceuticals and the false and exaggerated advertisements, and sentenced the defendant A to the suspended execution of six months, and sentenced the defendant A to the suspended execution of two years, and the fine of ten million won to the defendant company, and acquitted the manufacturing and selling of non-reported quasi-pharmaceuticals.
The Defendants did not make an appeal against the judgment of the party before remanding the case, and the prosecutor appealed only against the acquittal portion. The Supreme Court reversed the acquittal portion of the judgment before remanding the case, and remanded this part of the case to the trial court.
Therefore, the guilty portion of the judgment prior to remand is separately determined by the Defendants and the Prosecutor without filing an appeal. Thus, the judgment of the court prior to remanding is limited to the portion of the judgment of the court below, which is the reversed portion of the judgment prior to remanding, and the part of the non-reported quasi-drugs manufacturing and selling.
2. Summary of the grounds for appeal;
A. The misunderstanding of facts that Defendant A opened the package of the quasi-drugs manufactured or imported by another quasi-drugs manufacturer or importer and then packages them again, and that he did not manufacture the non-pharmaceutical drugs.
As above, Defendant A’s employees, who are the employees of Defendant Company, cannot recognize the fact of manufacturing quasi-drugs, and thus, Defendant Company cannot be punished in accordance with both punishment provisions.
Nevertheless, the court below erred by finding the facts and thereby did not report to the Defendants.