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(영문) 부산지방법원 2014.08.28 2014고단6356

약사법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 31, 2013, the Defendant was sentenced to a fine of seven million won by violating the Pharmaceutical Affairs Act at the Busan District Court on October 31, 2013, and was punished five times more due to the violation of the Pharmaceutical Affairs Act.

Although a pharmacy founder and a pharmacy founder cannot sell drugs or acquire drugs for the purpose of sale, the Defendant sold them at the adult stores of “C” operated by the Defendant located in Busan Northern-gu, Busan, on June 18, 2014, even though he/she was not a pharmacy founder, at around 18:00, after receiving 30,000 won of eggs risk, which is a medicine.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the removal of violating business place;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning the relevant criminal facts, the choice of punishment, and imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (it shall be taken into consideration, such as that there exists no record of criminal records of the same kind, no record of punishment of suspension of qualifications or heavier punishment has been imposed,

1. Social service order under Article 62-2 of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;