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(영문) 광주지방법원 2013.04.09 2013고정9

약사법위반

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Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. The Defendants’ identity is a pharmacist who establishes and operates the “E pharmacy” in Gwangju Mine-gu, and Defendant A is not a pharmacist or herb doctor, but a pharmacy founder.

2. No person, other than a defendant A pharmacist or herb pharmacist, may establish a pharmacy, and no person, other than a pharmacy founder, may sell drugs.

Nevertheless, around 18:48 on May 2, 2012, the Defendant sold to customers who found the above pharmacy an over-the-counter drugs at KRW 2,500.

3. Defendant B sold drugs to Defendant A, who is an employee of the Defendant, at the time and place specified in Paragraph 2, as described in Paragraph 2, on the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Video CDs;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 11);

1. Article 93 (1) 7 of the Pharmaceutical Affairs Act and Article 44 (1) (Selection of Fine) of the same Act: Defendant B: Articles 97, 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The defense counsel on the assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the act of making the "Tenben EXulululule" to customers of the same type as the reduction drugs and ingredients sold by Defendant A, a pharmacist, under the supervision of Defendant B, who is a pharmacy employee, does not constitute the lowest extent because it does not violate social rules, and thus, it does not constitute a violation of social rules.

The term "act which does not violate social rules" under Article 20 of the Criminal Code means the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and any act does not violate social rules.