beta
(영문) 의정부지방법원 2013.03.28 2013고정632

약사법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

No person other than a pharmacy founder (including a pharmacist or herb pharmacist working for the relevant pharmacy) shall sell or acquire drugs for sale.

Nevertheless, at around 16:40 on November 19, 2012, the Defendant acquired 4 of the yellowmon type refining (name of goods) for the purpose of sale from a non-commercial person, and kept 5,000 won per day to an unspecified number of customers, and sold 5,00 won per day, to an unspecified number of customers, by acquiring 44 of the yellow-type refining (name of goods) with a shape similar to the algorith (name of goods), which is included in sldenafil, which is a prescription (name of goods) that is prescribed as prescription without a pharmacist’s license, from the selling store of adult goods in the trade name “C” in the operation of Defendant B located in Macheon-si, Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (verification of the results of analysis of drug ingredients of the treatment chemical prior to the creation of this case);

1. A written appraisal;

1. On-site photographs (sales stores for commercial sex products);

1. Application of Acts and subordinate statutes to the records of seizure;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Articles 70 and 69(2) of the Criminal Act for the Detention in Labor House (see, e.g., Supreme Court Decision 2009Do6982, Jan. 28, 2010).