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(영문) 인천지방법원 2015.04.30 2015고단253

약사법위반등

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

1. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act may sell or acquire medicines for the purpose of sale;

From March 10, 2012 to August 1, 2013, the Defendant, who was not a pharmacy owner, received an order from B to 8,807,00 won in return for sending it to B using her home-based drugs, and then sold medicines using her home-based drugs, such as Boxine, pots, carcoper, hecopic injection, ethyl halogic acid, terlycercopic acids, Schlagellum losses, and Medididirates, and the Defendant received a remittance of KRW 8,807,00 in return.

2. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

Around November 15, 2012, the Defendant, even if not a medical personnel, performed a beer treatment with respect to a large number of unspecified believers by not later than May 2013, 2012, after having performed a beer treatment against D, knowing that the Defendant performed a beer treatment against D, with the knowledge that the Defendant performed a beer treatment, removing the pain, continuously removing the beer area on the face of D, and continuously performed a beer treatment, and then, by not later than May 2013, the Defendant performed a beer treatment with no license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Records of seizure and the list of seizure;

1. Investigation reports (Attachment of photographs of a drug), and investigation reports on December 11, 2014;

1. Application of Acts and subordinate statutes on photographs, details of deposits, etc. of drugs;

1. Relevant legal provisions concerning criminal facts, Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act concerning the selection of punishment, Articles 87 (1) 2 and 27 (1) of the Medical Service Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommendation] / Illegal Medical Act / No. 1 (Simple Unlicensed Medical Practice) is the basic area (8-2 years) (8-2 years).