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

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

Punishment of the crime

The Defendant is a person who operates a “D pharmacy” in Daejeon Dong-gu C.

No person shall sell drugs, etc. after opening a container or package sealed by a manufacturer or a person who has obtained permission for items, or an importer.

Nevertheless, at around 11:00 on January 21, 2017, the Defendant opened the above 10 hours at the above pharmacy and sold them to E by selling them.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting electronic civil petitions for opening, selling, and newly opening;

1. Photographs of a drug in violation;

1. Application of Acts and subordinate statutes to a report on results of business trips;

1. The pertinent Article on criminal facts and Article 95 (1) 8-2 of the Pharmaceutical Affairs Act on the selection of punishment for the crime of this case asserted that the provisions applicable to the crime of this case are "Article 94 (1) 6" of the Pharmaceutical Affairs Act, but it is evident that Article 95 (1) 8-2 of the Pharmaceutical Affairs Act is applicable under the current Pharmaceutical Affairs Act, which was enforced by Act No. 13655 on December 29, 2015.

§ 48. Selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Claims to the effect that no punishment shall be imposed for an illegal sale purpose;

A. The purport of Article 48 of the Pharmaceutical Affairs Act prohibiting the opening and sale of the allegedly purchased goods is to prevent the possibility of mispercing consumers' misperception and the possibility of changing their contents from being sold without attaching an explanatory note in the event of small quantity sales, and to prevent illegal sales that do not comply with the circulation deadline.

Therefore, if there is no above purpose of illegal sale, it shall not be punished by Article 48 of the Pharmaceutical Affairs Act.

B. 1) The main text of Article 48 of the Pharmaceutical Affairs Act provides that no person may sell drugs after opening containers or packages sealed by a manufacturer or a person who has obtained permission for items, such as drugs, pursuant to Article 63, or an importer, and Article 95(1)8-2 of the same Act shall be sealed in violation of the main sentence of Article 48.