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(영문) 창원지방법원 진주지원 2017.08.22 2016고합118

식품위생법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In July 26, 2017, the prosecutor's application for changes in indictment was changed by the prosecutor's application for changes in indictment.

1. The facts charged for the change of a pharmacist or herb pharmacist are stated as a herb doctor, but in light of Article 23(1) of the Pharmaceutical Affairs Act, they seem to be a clerical error of the herb pharmacist.

A. Although the Defendant could not prepare drugs, he provided various kinds of medicinal herbs to D located in Jinju City from January 2008 to May 13, 2016, the Defendant: (a) prepared approximately 7,575 km (75 km per month x 101 months) by requesting the Defendant to prepare them in the form of transshipment; and (b) prepared approximately 7,575 km (hereinafter “E”).

2. Although a person other than a pharmacy founder was unable to sell drugs, the Defendant visited the Defendant’s residence, or sold approximately KRW 2,475 km from around April 2008 to May 13, 2016, which was manufactured as above, at the Defendant’s residence located in the Hadong-gun F, Hanam-gun, Hanam-gun, and around 7,575 km, to the Defendant’s dwelling, or to the customers who were ordered by telephone from the Defendant.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Consultation with herb doctors, and inquiry into each fact of the food and drug safety administration;

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Statement made to I by the police;

1. An investigation report (a counter-verification investigation by the customer of purchase), an investigation report (a criminal investigation for specifying retail prices sold by the suspect), an investigation report (a criminal suspect A E manufacturing and sales volume specified), internal investigation report (in cases of attaching on-site photographs), a request for appraisal, a response to a request for appraisal, a report on investigation (the details of dispatch of on-site photographs), a report on investigation (a counter-verification investigation by the recipient of on-site), a report on investigation (to hear statements by the witnessJ), and a report on investigation (to hear statements by the witness K);

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Article 93(1)3 and Article 23(1) of the Pharmaceutical Affairs Act regarding criminal facts; Article 93(1)7 and Article 44(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13655, Dec. 29, 2015); Addenda to the Pharmaceutical Affairs Act (Amended by Act No. 13655, Dec. 29, 2015)