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(영문) 수원지방법원 2014.06.13 2013노5854
약사법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment of a fine of KRW 10 million imposed on the defendant by the court below is too unreasonable.

Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the case at the trial, and applied for changes in indictment with the contents of “154, 156, 158, 161, and 162” No. 162 from among the facts charged in the instant case, and since this court permitted it and changed the subject of the judgment, the judgment below is no longer maintained. 3. As such, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is again reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the summary of the facts charged against the Defendant and the evidence thereof is the same as “625 times” as “60 times, 3-4, 101, 476,000 won” as “94, 1606, 400 won, 165, 165, 165, 1665, 165, 4, 167,” and 15.5.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 93 (1) 8 and 44 (2) 2 of the Pharmaceutical Affairs Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment have no same criminal records, and the defendant has a depth of the error.

In the trial, part of the facts charged was withdrawn.

In addition, the age, character and conduct, the environment, the background leading to the crime of this case, the circumstances after the crime, etc., are the sentencing conditions indicated in the records.

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