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(영문) 춘천지방법원 강릉지원 2019.10.31 2019노145
약사법위반등
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment of one year and six months, and fine of 5,00,000 won.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, a suspended sentence of two years, a fine of five million won, etc.) of the lower court is deemed to be too uneased and unreasonable;

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records of this case, on September 27, 2019, the defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution on the grounds of fabrication of private documents at the Gangnam Branch of the Chuncheon District Court (2019No681) on October 5, 2019. The above judgment became final and conclusive on October 5, 2019. Since each crime of the judgment of the court below against the defendant and the crime of fabrication of private documents, etc. of which judgment became final and conclusive under the latter part of Article 37 of the Criminal Act are concurrent crimes under the latter part of Article 39(1) of the Criminal Act, the defendant shall be sentenced to punishment for each crime of the judgment of the court below in consideration of equity in the

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the part of the judgment below against the defendant is reversed, and it is again decided as follows through pleading.

【The grounds for the new judgment against the defendant】 The facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence, are as stated in each corresponding column of the judgment of the court below, except for addition or modification of the following. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Criminal facts

In all, “The defendant was sentenced on September 27, 2019 to 6 months from imprisonment with prison labor due to the fabrication of private documents at the Gangnam Branch of the Chuncheon District Court, and on October 5, 2019, the above judgment became final and conclusive on October 5, 2019.”

Criminal facts

Among them, the 6th 5th 5th son's "Pharmaceutical" shall be regarded as "Pharmaceutical."

The summary of evidence is "1. Previous convictions: the defendant's oral statement and a copy of the judgment shall be added."

Application of Statutes

1. Article 231 of the Criminal Act concerning criminal facts

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