logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.07.24 2019고단1875
약사법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is from the first floor of Daegu Dong-gu B building to operate “C” adult product stores from June 2016.

No one shall sell forged drugs, store or display them for sale.

Nevertheless, from Jun. 2016 to Oct. 13, 2018, the Defendant purchased counterfeit drugs from suppliers of fake drugs called 'bagra, alcee, and diplos,' who illegally visits from the above adult product stores to Oct. 13, 2018, at KRW 1.830 won per political party, and sold forged drugs of KRW 100 per month average to unspecified buyers who visited the above adult product store, and sold forged drugs of KRW 1,156 and forged diplosa 390 per month.

Accordingly, the Defendant sold forged drugs as above and stored the remainder of forged drugs for the purpose of selling them.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant or D;

1. Investigation report (the No. 14, 18 of the evidence list);

1. A written request for appraisal, a written report and an appraisal;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions for facts constituting an offense, and Articles 93 (1) 10 and 61 (1) 1 of the Pharmaceutical Affairs Act concerning the selection of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] shall be limited to the scope of recommendations [decision of types] for food, drugs, cosmetics (type 1]. There shall be no manufacturing, etc. of foods in violation of the standards and specifications, such as fakes (special person] [the scope of recommendations and recommendations]. The basic area of recommendation [the scope of recommendations and recommendations], imprisonment with labor for one to two years.

3. Determination of sentence: The following circumstances and conditions:

arrow