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(영문) 부산지방법원 동부지원 2013.03.20 2013고단453

약사법위반

Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for six months;

(b)Provided, That the above sentence shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

B is a pharmacist who establishes and operates the F Contracting State in Busan, and the defendant A is a worker who assists the defendant B in arranging equipment.

1. No person, other than Defendant A pharmacist or herb pharmacist, may prepare medicines;

피고인은 약사가 아님에도, 2012. 12. 5. 15:40경 위 약국에서 불상의 손님에게 피록시캄캡슐 20mg , 폰탈정, 푸라콩정, 파모티던정, 디클로페낙나트륨 등의 의약품을 조제하였다.

2. Defendant B, at the same time and place as above 1.3, prepared drugs in the above manner despite that Defendant A, who is an employee of the Defendant, was not a pharmacist in connection with the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Each suspect interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to criminal reports, investigation reports, written confirmations, photographs and photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 93 (1) 3 and Article 23 (1) of the Pharmaceutical Affairs Act;

(b) Defendant B: Articles 97, 93(1)3, and 23(1) of the Pharmaceutical Affairs Act

1. Articles 70 and 69 (2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act), the suspension of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act,