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(영문) 대전지방법원 천안지원 2016.10.14 2016고정406
약사법위반
Text

The sentence against the accused shall be set forth as a fine of four million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. He shall be prohibited from opening any pharmacy other than a pharmacist who has violated the Pharmaceutical Affairs Act by opening an unqualified pharmacy;

Despite the fact that the Defendant is not a pharmacist, the Defendant established and operated the above pharmacy with the “C pharmacy” located in Asan City from September 4, 2015 to September 9 of the same month, equipped with the pharmacy facilities, such as a dispensary, and equipped with a large number of drugs, such as pentry, etc.

2. No person other than a pharmacy operator who violates the Pharmaceutical Affairs Act by selling medicines, etc. without permission, shall sell or acquire them for the purpose of sale;

Despite the fact that the Defendant was not a pharmacy founder, the Defendant sold medicines equivalent to KRW 20 to KRW 300,000 per day to unspecified customers who visited the said pharmacy at the time and place specified in paragraph (1), including selling the spam, which is a medicine, to the extent of KRW 210,00 per day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing the inspection and photographs of pharmacies;

1. Relevant legal provisions concerning criminal facts, Articles 93 (1) 2, 20 (1) (the fact that a pharmacy is established even if a pharmacist is not a pharmacist), Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act (the fact that drugs are sold even if a pharmacy is not a pharmacy founder), and the selection of fines for negligence;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant case on the ground of sentencing under Article 334(1) of the Provisional Payment Order is based on the following circumstances: the type and degree of the instant crime, risk, the records of the criminal punishment of the Defendant (which has a record of the suspension of execution during several times the same kind of force), the recognition and reflect of the Defendant’s crime; the crime is committed in a short period; and the Defendant’s age, character and conduct, environment, and circumstances

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