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(영문) 부산지방법원 동부지원 2019.08.29 2019고단1167

약사법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a pharmacist of the establishment of a C Pharmacy located in Busan-gun B.

A person who has established a pharmacy, etc. shall observe the matters concerning the management of distribution and the maintenance of order in sales of drugs, such as prohibiting any act beyond the restrictions on preparation and sales of drugs.

그럼에도 불구하고 피고인은 의약분업 예외지역인 위 약국에서 2018. 7. 25.부터 2019. 3. 20.까지 의사 또는 치과의사의 처방전 없이 부신피질호르몬제인 D(E ㈜, 분류번호 F)을 이부프로펜, 시메티딘, 명담환, 다이크로짇, 디클로페낙나트륨 등 다른 의약품과 함께 소염진통제로 조제하여 약국을 방문하는 환자에게 판매하거나 1,950포를 미리 조제하여 판매하기 위해 보관하는 등 의약품의 조제ㆍ판매 제한을 넘어서는 행위를 하여 의약품 유통관리 및 판매질서 유지와 관련한 사항을 준수하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of investigation report (report on detection of violation of the Pharmaceutical Affairs Act), copy of data on the current status of D transactions, copy of pharmacy establishment registration certificate, copy of pharmacist license certificate, copy of business registration certificate, and certificate of confirmation of establishment of an area

1. Application of related Acts and subordinate statutes;

1. Relevant provisions for facts constituting an offense, and Articles 95 (1) 8 and 47 (1) 4 (b) of the Pharmaceutical Affairs Act concerning the selection of punishment;

1. The sentence is imposed in the same way as the sentence is comprehensively taking into account the favorable circumstances, such as the Defendant’s error in sentencing under Article 62(1) of the Criminal Act, and the fact that the Defendant’s past record of the same crime is more than ten times, including the criminal record of the suspended sentence of imprisonment, and that the Defendant’s previous record of the same crime is against the Defendant, and that the pharmacy is discontinued and discontinued, and other favorable conditions, such as the Defendant’s age, health, character and behavior, environment, means and consequence of the crime, and the circumstances after the crime, etc., under Article 51 of the Criminal Act.