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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court ex officio examined the grounds for appeal, and applied Article 93(1)7 and Article 44(1) of the Pharmaceutical Affairs Act to the facts constituting an offense as indicated in the judgment below.
However, Article 93 (1) of the current Pharmaceutical Affairs Act (amended by Act No. 1314, Jan. 28, 2015; hereinafter referred to as the "former Pharmaceutical Affairs Act") is partially amended and enforced on the same date as that of January 28, 2015, and Article 1 of the Addenda to the current Pharmaceutical Affairs Act (amended by Act No. 13114, Sept. 29, 2015; hereinafter referred to as the "former Pharmaceutical Affairs Act") is enforced on September 29, 2015; however, according to the proviso to the same Article, the amended provisions of Article 93 (1) are enforced on the date of its promulgation.
Article 93(1) of the former Pharmaceutical Affairs Act (amended by Act No. 1314, Jan. 28, 2015) (amended by Act No. 1314, Jan. 28, 2015) shall not apply to the above criminal facts committed by the defendant prior to the enforcement of the current Pharmaceutical Affairs Act.
In this respect, the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court 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 decided as follows after oral argument.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are all the same as the entries of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 93(1)7 and Article 44(1) of the former Pharmaceutical Affairs Act (wholly amended by Act No. 13114, Jan. 28, 2015); the choice of fines for criminal facts;
1. The Criminal Act for the detention of a workhouse;