약사법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Despite the fact that a person other than a pharmacy founder is unable to sell drugs, the Defendant received 20,000 won from the adult-use shop located in Kimpo-si, Kimpo-si, 20:30 on March 22, 2016 to C and sold 4,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. CCTV image data;
1. Seizure records;
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes to photographs of adult product enterprises;
1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);
1. In full view of such factors as the crime of this case committed by the defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act in order to gain economic benefits, the elements of unfavorable sentencing, including the fact that the defendant committed the crime of this case, the fact that the defendant was sentenced three times to the violation of the Pharmaceutical Affairs Act, and the fact that the quantity of the drug sold by the defendant is small, and that the amount of the drug sold by the defendant is against his mistake, etc