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(영문) 수원지방법원 2014.07.24 2014노522
약사법위반
Text

The judgment below

The part of the Defendants is reversed.

Defendant

A Imprisonment for two years, Defendant CF Co., Ltd. is punished by a fine of 20.

Reasons

Article 1-2 of the Constitution of the Republic of Korea

A. Of the items indicated in paragraphs (1), (b), and (c) of the misunderstanding of facts as to paragraphs (1), (1), (1), and (4), the Defendant Company has not been produced once by the DJ, CG 30 caps Co., Ltd., with the product possessing the product approval. The method of marking the period of use is also different. ② The method of marking the period of use is also different. ② CH30 caps, CI 100cm, CJ 30 g, AY 30 g, CJ 250 g 30 g, CJ 500 g, CJ 300 g, and CJ 50 g 300 g, which are all bottled products entrusted by the Defendant Company to another company restricting the entire production process and packing process (Evidence No. 26 1 through 5 g). The Defendant Company is different from those used by the Defendant Company, ③ 30 g., BC250 g., B50 g.

() In principle, it is impossible for the above medicine to be re-packageded by forgery or alteration of the term of validity in the company. The above medicine was selected in a way that the N 200 items were used for the re-Packing work, and the Dong was not in a favorable relationship with the Defendant A while working for two months at the Defendant Company, and it is difficult for the Defendant Company to trust the statement with the retired from the Defendant Company. The misapprehension of the legal principles as to the facts constituting the crime of this part of Article 1-b of the Criminal Act constitutes “storage” but does not constitute “production”, and the judgment of the court below which found the Defendants guilty, including “manufacturing”, was erroneous in the misapprehension of the legal principles as to the manufacture of drugs. In accordance with Article 31(2) of the Pharmaceutical Affairs Act as to Article 31-2 of the same Act, the judgment of the court below which found the Defendants guilty, including “manufacturing”,

and upon receipt of such order.

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