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(영문) 대구지방법원 2017.02.09 2016고단5686

약사법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. No person other than a pharmacy founder that violates the Pharmaceutical Affairs Act shall sell or acquire drugs for the purpose of sale, and no person shall sell, store or display forged drugs for the purpose of sale;

From March 2012 to early 2015, the Defendant purchased forged 4520 Gagra, 4520 Gagra, and 1020 Gaghhhhhhhhhhhhhhhhhhhhhhhhhhhh from the Internet site via the Internet site. From March 14, 2012 to April 14, 2016, the Defendant sold forged 842 Gaghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh to unspecified players for the purpose of selling them at the offline of the D terminal located in Daegu-gu, Daegu-gu, and around April 14, 2016.

2. On March 7, 2016, the Defendant, at around 22:00, attempted to sell approximately 50,000 eggs of the ingredients of the stroke m to the police officers of the Daegu District Police Agency, at least 20,000 won, prior to the F convenience store in Daegu Northern-gu, Daegu District Police Agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on internal investigation:

1. Each protocol of seizure;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Articles 93(1)7, 44(1) (which means the acquisition of for the purpose of selling and selling medicines), 93(1)10, and 61(1)1 of the Pharmaceutical Affairs Act (which means the possession of forged drugs for the purpose of selling and storing them), Articles 61(3), 61(1)5, 4(1)1, and 2 subparag. 3(d) of the Narcotics Control Act (which means an attempted crime of selling and selling local mental drugs) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is as follows.