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(영문) 서울중앙지방법원 2015.11.19 2015노3515
의료법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit the grounds of appeal within the deadline for submitting the legitimate grounds of appeal.

B. The lower court’s sentence (a fine of three million won and additional collection) against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s appeal, the Defendant filed a petition of appeal on September 8, 2015, and received a written notification of the receipt of the trial record on September 18, 2015, the Defendant did not submit the grounds for appeal within the period for submission of the lawful grounds for appeal (it does not include the grounds for appeal even in the written complaint), and even after examining ex officio the grounds for appeal as alleged in the first instance court after the lapse of the period for submission of the grounds for appeal, there is no reason to reverse

Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant should be made, but as long as a judgment is rendered on the appeal by a public prosecutor, a decision to dismiss an appeal should not be made separately

B. As to the grounds for appeal by the prosecutor, the Defendant did not recognize the so-called rebates, which is obvious that the Defendant received the so-called rebates by doping the translation of the thesis, and the crime of this case is not weak in that the practices of rebates affect the sound distribution order of medicines and the public health.

However, the defendant's interest is not relatively large, and it is deemed that the defendant receives rebates upon the recommendation of the pharmaceutical company, and there is no record of punishment for the same crime.

In light of such circumstances and other circumstances as the Defendant’s age, character and conduct, career, and family environment, there was no change compared to the lower court’s judgment, and in full view of all the above circumstances, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, the appeal by the Defendant and the prosecutor is groundless.

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