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(영문) 서울서부지방법원 2015.08.21 2015고정870

약사법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person other than a pharmacy founder shall sell drugs or acquire them for the purpose of sale.

Even if the Defendant was not a pharmacy founder, the Defendant

1. Around August 29, 2014, around 20:05, at the adult product shop operated by the Defendant in Seodaemun-gu Seoul, the Defendant received and sold 10,000 won in cash for 1 Non-Agra (VGR220) a drug to the male descendants on his/her name.

2. On September 30, 2014, around 18:17, at the above adult product shop, the male grandchildren on his/her name were sold in cash of KRW 10,000.

Summary of Evidence

1. Defendant's legal statement;

1. Current status of reporting sale of unqualified drugs;

1. Application of the statute to each of the Defendant’s non-car sales video CDs

1. Article 93(1)7 of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015); Articles 44(1)7 and 44 of the same Act regarding criminal facts; the choice of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order shall be determined as ordered in consideration of the fact that the defendant is led to confession and reflects, that the defendant has already been punished for the same crime committed at a time similar to the facts stated in the judgment, and the age, character, conduct