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(영문) 부산지방법원 2017.02.15 2016노4839
약사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment appears to be against the defendant's wrongness, and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

However, the crime of this case is not only affected by the sound distribution order of medicines but also may cause serious risks to national health, and its nature is not good. The period and frequency of the crime is also significant; the court below seems to have determined the sentence considering the favorable circumstances to the defendant; there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the decision of the court below; and other various sentencing conditions that are shown in the records and arguments, such as the Defendant’s age, character and character environment, conditions before and after the crime, etc., are considered as being too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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