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(영문) 청주지방법원 2015.11.20 2015고단949
약사법위반
Text

Defendant

A shall be punished by a fine of KRW 20 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the president of H-Special Hospital for the Aged in Seo-gu, Seo-gu, Seo-si, and the defendant B is the assistant nurse working in the medicine department of the above hospital.

No person, other than pharmacists or herb pharmacists, shall prepare drugs.

Nevertheless, around June 1, 2012, Defendant A, despite being aware of the fact that Defendant B works for the medicine room at the above hospital without a pharmacist, sent a prescription to Defendant B by doctors, including Defendant A, to the patient. Accordingly, Defendant B, in accordance with the above prescription, sent a prescription to the patient. Pursuant to the above prescription, Defendant B: (a) made a drug to 85 patients, such as preparing a drug, such as an 1 smuggling, 300mg of cinine, 300m of cinine, 300m of cinine, 25m of cinine, cinine, 50m of cinine, cincinine, 25m of cincinine, and cinine, and (b) made a prescription to the patient during the period from around that time to July 30, 2012.

As a result, Defendants conspired to prepare drugs even if they are not pharmacists.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements among the interrogation protocol of Defendant B by the prosecution, and interrogation protocol of Defendant A by the prosecution

1. Statement to J police officers;

1. The investigation report (as to the specification of the facts of the crime)

1. Data on the daily preparation of suspect B, the details of prescription, and the details of preparation of drugs, and the details of preparation of drugs, of suspect B;

1. Application of Acts and subordinate statutes on the attendance book, 2012;

1. Article 93(1)3 and Article 23(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015); Article 30 of the Criminal Act concerning criminal facts

1. Selection of a fine for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. In the case of Defendant A for the reason of sentencing, a fine shall be imposed twice for an offense after becoming the president of a hospital specializing in senior citizens at the H Hospital.

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