The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The instant crime is an unfavorable circumstance, such as the fact that there is a great harm to national health and distribution order of medicines, the size of medicines imported and sold, and the degree of participation in the crime.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and behavior, environment, drug sales volume and sales proceeds, sales method, criminal proceeds, motive for the crime, circumstances after the crime, equity with other accomplices, etc., the Defendant’s allegation of unfair sentencing is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following judgment is rendered again

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Pharmaceutical Affairs Act concerning facts constituting an offense, Articles 93 (1) 5 and 42 (1) of the same Act concerning the selection of punishment, Article 30 of the Criminal Act (the fact that a person runs a pharmaceutical import business without obtaining permission or making a report), Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act (the fact that a person other than a pharmacy founder sells drugs) and the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;