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(영문) 광주지방법원 2013.08.14 2013노1024
약사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Defendant A, a pharmacy employee of the summary of the grounds for appeal, did not sell drugs independently under the direction and supervision of Defendant B, but did not constitute a element of violation of the Pharmaceutical Affairs Act, and even if it is recognized that the elements of violation of the instant Pharmaceutical Affairs Act are satisfied, Defendant A’s act of selling the drugs identical with the reduction drug sold by Schlage and its ingredients, and thereby making the said drugs to customers, is excluded from illegality, and thus, it does not violate the social norms, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

2. According to the evidence duly adopted and examined by the lower court, the following circumstances are recognized.

① Defendant A, an employee, received orders to directly call drugs from customers, and directly select and deliver drugs called “the X-ray capsule,” and called “the head of strokee, stroke, stroke,” and Defendant A’s series of acts was conducted without a variety of scokes or discontinuance during the sale of drugs, following the sale of drugs.

설령 약사인 피고인 B가 당시 2∽3m 정도 떨어진 거리에 있었다고 하더라도, 당시의 동영상에는 피고인 B의 말소리가 전혀 들리지 않을 뿐만 아니라, 피고인 A이 지시를 받기 위하여 피고인 B가 있는 쪽으로 몸이나 고개를 기울이는 행동도 하지 않았고, 달리 피고인 B의 지시나 감독 상태에서 피고인 A이 의약품을 판매하였다고 볼 만한 정황이 발견되지 않는다.

(2) According to the current video, Defendant B was not bad, or was in an imminent situation, to the extent that it is impossible for Defendant B to issue a medical instruction to sell medicines to Defendant A.

(3) The term “tampulule EXE,” which is a mark-fabricule sold by Defendant A, shall be used in accordance with the physical conditions or certificate of disease of each individual.

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