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(영문) 울산지방법원 2016.06.09 2016고단1062

약사법위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a pharmacist who operates 'D pharmacy' in the sense of 'D pharmacy' in Ulsan-gu B.

No one shall sell drugs after opening the container or package of the sealed drugs.

The 'over-the-counter documentary', which is an over-the-counter medication, is sealed in one package box.

Nevertheless, at around 16:49 on September 12, 2015, the Defendant opened a package of “Cather' sealed at the above pharmacy,” thereby receiving 1,000 won and selling 1,000 won in piece.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (to attach a closure on the screen of a sale site and a screen);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 2 of the Addenda to the relevant provisions of the Pharmaceutical Affairs Act (Act No. 13655, Dec. 29, 2015); Article 94(1)6 and 48 of the former Pharmaceutical Affairs Act (Amended by Act No. 13655, Dec. 29, 2015); the selection of fines for criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following circumstances: (a) the drug sold by the Defendant for the reasons of sentencing under Article 334(1) of the Criminal Procedure Act was limited to two copies of 1,00 won or less; (b) the above rule was a product that can be sold by piece prior to June 2012, prior to the sale by a box unit by taking measures in accordance with the duty to indicate the provision; and (c) the sales by item was made by the box unit; and (d) the fact that the above provision appears to have less risk of preparing a compound by mixing the item by item type type type type type type type type type type type type type type type type type type type type type type type type type type type type type