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(영문) 수원지방법원 안산지원 2015.06.12 2015고단851
약사법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a pharmacist who operates a DNA pharmacy in light of the name of the defendant.

Where a pharmacist prepares alternative medicines instead of the medicines entered in a medical prescription written by a doctor or dentist, he/she shall notify a patient possessing the relevant medical prescription of the details of alternative medicines of the details of such alternative medicines, and notify a doctor or dentist who has issued the relevant medical prescription of the details of alternative medicines within one day.

Nevertheless, around April 19, 2010, the Defendant did not notify the doctor or dentist who instead prepared the 'cell Germany/A' of the 'cell Germany/A' in the prescription to 'cell ethyl ether', and did not notify the doctor or dentist who issued the prescription of the 'cell ethyl ether', and then did not notify the doctor or dentist who instead prepared the substitute drug with the drug in total 22,790 times as described in the attached crime list by April 23, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The details of the unfair requests made by alternative medicines manufacturing, each prescription, and the detailed response of the alternative medicines preparation;

1. A written accusation;

1. Application of Acts and subordinate statutes on alternative preparation;

1. Article 95 (1) 6 of the Pharmaceutical Affairs Act and Article 27 (4) of the same Act concerning facts constituting an offense;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is not short of the period of the instant crime, and there are many frequency of crimes. However, if the Defendant is sentenced to imprisonment with prison labor or more, the Defendant’s pharmacist’s license may be revoked, and any damage was inflicted on the patients due to the instant crime.

Any data that can be deemed that the defendant acquired unjust benefits has not been submitted, and the defendant has already been subject to suspension of qualification (15 days) and imposition of penalty surcharges (72,569,340 won) due to the crime of this case.

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