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(영문) 창원지방법원 2014.04.04 2013고단472

약사법위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a pharmacy founder of, and a pharmacist for, the E pharmacy located in Kim Sea-si D, and the defendant B is an employee of the above E pharmacy.

No person, other than a pharmacy founder or a pharmacist working for the relevant pharmacy, may sell or acquire drugs for the purpose of sale.

Nevertheless, at around 14:07 on July 13, 2012, Defendant B sold 3,000 Khhhhhhhy school (over-the-counter) to the unfluent male customers in the above E pharmacy. Defendant A, an employee, at the same time and place, committed the above violation in relation to Defendant A’s duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. A written statement of accusation officials;

1. Application of the Acts and subordinate statutes to shop photographs, sales video CDs;

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 Pharmaceutical Affairs Act;

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

2. Each fine of 500,000 won to be suspended; and

3. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for detention in a workhouse.

4. Article 59(1) of the Criminal Act of the Suspension of Sentence (The defendants are the first offender with no record of criminal punishment, the circumstances leading to the crime of this case, the circumstances after the crime, etc.);