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(영문) 부산지방법원 2014.01.24 2013노3811
약사법위반등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.

2. In full view of all the facts pertaining to the Defendant’s age, occupation, and other factors pertaining to the sentencing indicated in the instant records and arguments, the Defendant’s assertion is justified, since the sentence of the lower judgment is deemed unreasonable, since it is recognized that the Defendant’s conviction is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for criminal facts, Article 347 of the Criminal Act for the selection of punishment, Article 116 (2) of the Employment Insurance Act, Article 93 (1) 2, and Article 20 (1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Article 93 (1) 3 and Article 23 (1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Article 93 (1) 7 of the Pharmaceutical Affairs Act, Article 44 (1) of the same Act, Article 30 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between a crime of fraud and a crime of violation of the Employment Insurance Act in the market);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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