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(영문) 서울남부지방법원 2015.08.13 2015고단2528
약사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person employed by the D Pharmacy located in Yeongdeungpo-gu Seoul Metropolitan Government as an employee, and the defendant B is a pharmacist, who is the founder of the above pharmacy.

1. No person, other than Defendant A pharmacy founders, may sell medicines;

Nevertheless, at around October 29, 2014, the Defendant sold 20 flusium 20 flusium to customers in non-name-free circumstances.

2. Defendant B, at the same time and place as referred to in the preceding paragraph, sold the drugs to Defendant A, who is an employee of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of public official;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act; Defendant A who selects a fine: Articles 97, 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act; Articles 97, 93 (1) 7 and 44 (1) of the same Act;

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

1. The criminal punishment of Article 334(1) of the Criminal Procedure Act is heavy in light of the fact that the Defendants committed the instant crime despite the fact that the Defendants had been punished several times for the same kind of crime. However, the Defendants recognized and opposed to the crime, and the Defendants’ age, character and conduct, environment, and circumstances after the crime shall be determined as ordered in consideration of all the relevant sentencing conditions.

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