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(영문) 서울남부지방법원 2015.10.30 2015노519
의료기기법위반
Text

The defendant's appeal is dismissed.

Reasons

In light of the circumstances such as the fact that the defendant is against himself and is faced with difficult economic conditions, the punishment of the fine of KRW 1,00,000 imposed by the court below is too unreasonable.

In light of the circumstances alleged by the Defendant, the crime of this case where false or exaggerated advertisements on medical devices were committed against many and unspecified persons in the light of the characteristics of advertisements where the Defendant made false or exaggerated advertisements may not only undermine the sound order of commercial transactions of medical devices, but also adversely affect the public health, and the criminal records of the Defendant, which have been punished five times, have the same history as that of this case, and the Defendant has been punished for the same crime, and in consideration of the various circumstances, such as the Defendant’s age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, the motive, means and consequence of the crime, etc., the punishment imposed by the court below shall be appropriate, and it shall not be deemed unfair because it is excessively unreasonable.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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