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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles regarding the instant F and G are not medicines, but products of the instant F and G, and the said F and G are provided free of charge in selling H. It is not sold.
B) Defendant A’s act of aiding and abetting Defendant A to commit a crime is not a medical practice. C) Defendant B merely assisted and aided Defendant A to commit a crime, and there was no participation in the crime as a principal offender.
2) Each sentence (Defendant A: 2 years of imprisonment, 5 million won of fine, 3 years of suspended execution, confiscation, Defendant B: imprisonment with prison labor, 1 year of fine, 2 million won of suspended execution, and 2 years of suspended execution) against the Defendants, which the lower court sentenced to unfair sentencing, is too unreasonable. (B) misunderstanding of facts and misunderstanding of legal principles as well as the Defendants displayed for the purpose of selling or granting a medical device, which is a medical device, the Defendants are subject to punishment under the Medical Devices Act.
2. Each sentence imposed by the court below on the Defendants is too unhued and unfair.
2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants
A. According to the evidence duly adopted and examined by the lower court, the Defendants sold G and F produced by Defendant A through Blogs on the Internet, provided that the Defendants sold G to the slogy part of G, and provided publicity that the f was effective in the slogying part of G, and the f was expressed as “medical treatment,” and that the Defendants expressed F’s act of taking F to the above Blogs as “medical treatment,” and that F and G’s packaging blogs are highly effective in all diseases; consumers can recognize the fact that they used F and G for the slogying treatment, skin treatment, etc.; if determined comprehensively, it constitutes a case where the general public recognizes that the physical structure and function of the slogy part of the society have an effect on the slogying part, or where it is claimed that it had an effect on the physical structure and function of the society.
(c).