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(영문) 서울남부지방법원 2012.11.01 2012고정1517

약사법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A is an employee engaged in cleaning, etc. at the Geumcheon-gu Seoul D Pharmacy, and Defendant B is a pharmacist who establishes and operates the above D pharmacy.

1. No person other than a pharmacy founder (including a pharmacist or herb doctor working for the relevant pharmacy) may sell drugs or acquire them for the purpose of selling them;

Nevertheless, around September 26, 201, the Defendant asked symptoms to the index customer who complained of the head pain at the above D pharmacy, and sold 3,000 won in 3,00 won after eating out 1 Apex strins, which is a strinsic control.

Accordingly, the Defendant sold medicines even though he is not a pharmacy founder.

2. Defendant B, who is an employee of the Defendant, sold drugs to the Defendant, even if the Defendant was not a pharmacy owner, such as the date and time set in the preceding paragraph, and the same place as set forth in the preceding paragraph.

Summary of Evidence

1. Each police interrogation protocol against the Defendants

1. A report on investigation (Attachment of photographic materials);

1. A report on investigation (attaching materials);

1. Investigation report (Attachment of video data);

1. Application of Acts and subordinate statutes on evidence, photographs and photographs;

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

(a) Defendant A: Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act (Selection of Fines);

(b) Defendant B: Articles 97, 93(1)7, and 44(1) of the Pharmaceutical Affairs Act

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;