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All appeals by the Defendants are dismissed.
Reasons
The summary of the grounds for appeal by the Defendants is that each punishment (the fine of KRW 1.5 million) sentenced by the court below to the Defendants is too unreasonable.
Therefore, it is true that there are extenuating circumstances for the Defendants, such as the fact that Defendant A was making considerable efforts to develop the “E”, and that it appears that it was caused to commit the instant crime in the course of actively endeavoring to sell it, that Defendant B had already closed down the business, and that the Defendants recognized the instant crime and divided their mistakes.
However, Defendant A’s sales of “E”, not a medical device, may cause harm to the public health of consumers using the same efficacy and effect as that of the medical device, and Defendant A committed the instant crime without properly understanding his or her mistake despite having been punished several times of the same type of crime despite the fact that Defendant A had been punished several times of the same crime; the lower court sentenced Defendant A to a fine of KRW 1.5 million, which has already been partially reduced by taking account of various favorable circumstances for the Defendants; and the lower court did not have any special circumstances or changes in circumstances that may newly consider sentencing after the sentence of the lower judgment; and in full view of other various circumstances that may serve as the conditions for the pleadings and the sentencing specified in the records of the instant case, such as Defendant A’s age, character and conduct, environment, motive, means and consequence of the criminal act, etc., even if considering all the circumstances alleged in the grounds for appeal, it is not deemed unreasonable to deem the lower court to have excessively reversed each sentence imposed on the Defendants.
Therefore, the Defendants’ assertion is without merit.
Therefore, the defendants' appeal is without merit.