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(영문) 전주지방법원 군산지원 2014.05.14 2014고정45

약사법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. Around March 22, 2013, the Defendant violated the Pharmaceutical Affairs Act: (a) sold or acquired drugs for the purpose of sale, even though he/she was not a pharmacy founder, such as purchase of 100 gragra 100 g 90 g (3 copies, 30 g per 1 copy), 100 g 100 g g 1000 g g 10000 g per 1 copy (30 g per 30,000 g), which is a medicine, from C in the Si of

2. On July 24, 1998, the Defendant violated the trademark law by acquiring a drug with a trademark “in the same manner and at the time and place as described in paragraph (1),” “Non-Agra,” “Agra,” which was registered by the Korean Intellectual Property Office Act No. 0387168, for the purpose of selling the drug with the trademark, and thereby infringing upon each trademark right of Cambodia, which was registered by the Korean Intellectual Property Office No. 0491830, Feb. 21, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to report on investigation (report accompanied by details of delivery of drugs for suspects, certificate of closure of business, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Articles 93 (1), 7, and 44 (1) of the Pharmaceutical Affairs Act (in addition to the pharmacy founder, the acquisition of drugs for the purpose of selling them), Article 93 of the Trademark Act, and selection of fines, respectively;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include the fact that the defendant has the same history as the defendant, the violation of health order and the trademark right holder's property damage caused by the distribution of illegal medicines committed in cancer, etc., which are disadvantageous to the defendant, the sentencing conditions against the defendant, the quantity of fake drugs acquired by the defendant, and the number of times is only one time, the defendant is committed, the fact that the defendant is committed, and the suspension of business of adult product stores, and other conditions for sentencing favorable to the defendant, and the age, character, character, environment