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(영문) 광주지방법원 순천지원 2015.05.20 2014고정879

약사법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a adult product store with the trade name “C” in netcheon City B.

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

Nevertheless, on September 2014, the Defendant paid 400,000 won for the purpose of sale from an irregular intermediary seller visiting the above C, who visited the Defendant’s operation, and purchased 60,000 won for the purpose of sale, which is a medicine, and sold 30,000 won out of 16:20 on September 16, 2014 to the customers who found the above business place within the above C 16:20 on September 16, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The application of the Act and subordinate statutes to CDs (hereinafter referred to as the same image), investigative reports-in-corrographs-in shooting photographs, the application of the Act and subordinate statutes;

1. Article 93 (1) 7, Article 44 (1) of the Pharmaceutical Affairs Act (which acquires for the purpose of selling medicines), Article 93 (1) 7, and Article 44 (1) of the Pharmaceutical Affairs Act concerning facts constituting an offense, the selection of fines for negligence, the selection of fines for negligence,

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act [the number of concurrent crimes prescribed by the Pharmaceutical Affairs Act concerning the violation of the Pharmaceutical Affairs Act following the sale of medicines with heavy quality];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. For the reasons for sentencing under Article 48(1)2 of the Confiscation Criminal Act, the following are comprehensively taken into account: (a) the Defendant suffers from a cerebral disease of class 4; (b) the children suffers from a cerebral disease of class 3; and (c) the economic responsibility for supporting her, her, her, and her, and her three mothers; (c) the crime of this case was committed in the course of fulfilling the above economic responsibility; (d) the drug value acquired or sold for the purpose of sale is relatively small; (e) the Defendant’s age, character and conduct, and environment; and (e) the Defendant’s age, character, and environment.