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(영문) 의정부지방법원 고양지원 2016.05.19 2015고단3100

약사법위반

Text

Defendants shall be punished by a fine of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

No person other than a pharmacy founder shall sell drugs.

Defendant

B The founder of the “G pharmacy” in the first floor of the F building in the Yongsan-gu Seoul Special Metropolitan City and the defendant A shall be the employees of the above pharmacy.

Defendant

B was employed by Defendant A who is not a pharmacist in 2012 as an employee and had him work at the above pharmacy. From that time to August 2015, B instructed Defendant A to sell drugs by stating that he or she is considered as a doctor.

Accordingly, around August 11, 2015, Defendant A heard the horses to request fire extinguishing agents from the nameless customers, and received 2,000 won as a medicine and sold them to the said customers.

Accordingly, Defendant B instigated Defendant A, not a pharmacy founder, to sell medicines, and Defendant A sold medicines accordingly.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Article 93(1)7 of the Pharmaceutical Affairs Act and Article 44(1)7 of the same Act regarding criminal facts and Article 93(1)7 and Article 44(1) of the same Act concerning the selection of punishment against Defendant A (elective of penalty) Defendant B, Article 93(1)7 and Article 44(1) of the Pharmaceutical Affairs Act, Article 31(1) of the Criminal Act (elective of penalty)

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

1. Sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) in each order of provisional payment;

1. Scope of punishment by law: Not more than a fine not exceeding 50 million won each;

2. Whether the sentencing criteria are applied: Offenses or fines for which the sentencing criteria are not set small and the sentencing criteria are not set.

3. Each fine of KRW 4 million for the sentence imposed (the background and result of each crime, degree of participation, details of control, the defendants' misconduct, the criminal records and relation to the defendants, such as the same criminal records and relation, and the age, sexual conduct, etc. of the defendants)