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(영문) 창원지방법원 거창지원 2019.06.12 2019고정35

약사법위반

Text

Defendants shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is a pharmacist who opens and operates a pharmacy under the trade name of "D pharmacy" in Gyeongcheon-gun C, Gyeongcheon-gun, and the E and Defendant B are not a pharmacist as an employee of the above pharmacy.

1. No person, other than a pharmacy founder (including a pharmacist working for the relevant pharmacy), who is a defendant B pharmacist, shall sell drugs;

Nevertheless, around September 21, 2018, around 09:35, the Defendant sold 17 drugs, such as preparation drugs and over-the-counter drugs, from that time until 12:11 of the same day, as indicated in the list of crimes, to women under the name of the above "D Pharmacy", and sold 17 drugs, including 57 drugs and over-the-counter drugs.

2. Defendant A, an employee of the Defendant, committed a violation of the Pharmaceutical Affairs Act as referred to in the preceding paragraph with respect to the Defendant’s work.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police of the F;

1. A written accusation;

1. Certificate of pharmacy establishment, and pharmacist’s license; and

1. Application of Acts and subordinate statutes to a copy of the prescription of a pharmacy;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 97, 93(1)7, and 44(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 14926, Oct. 24, 2017; hereinafter “former Pharmaceutical Affairs Act”); selection of fines

B. Defendant B: Articles 93(1)7 and 44(1) of the former Pharmaceutical Affairs Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.