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(영문) 서울남부지방법원 2014.10.28 2014고정2418
약사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 700,00, and by a fine of KRW 1,500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person other than a pharmacy founder may sell drugs;

Nevertheless, around 16:30 on April 4, 2014, the Defendant sold to the “G pharmacy” where the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government F works as an employee, and sold 4,000g of 250 grams and 10g of conversation and dialogue medication to the name-free customers who appeal the franchising.

2. On April 4, 2014, Defendant B sold drugs to Defendant A, who is an employee of the Defendant, and committed a violation at the above “G pharmacy” operated by the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written petition;

1. The video CD [the defendant and his defense counsel asserted that it is not admissible as evidence illegally collected, but the reporting compensation system is a legitimate system that directly pays compensation to the reporter when reporting the act of corruption to the Anti-Corruption and Civil Rights Commission under which the restoration or increase of revenues or the reduction of expenses of a public institution or when the legal relationship thereon becomes final and conclusive. There are no evidence that H used it for any unlawful purpose, such as threatening the defendants by borrowing the above video images. In addition, guaranteeing the dignity and value of the people as human beings belongs to the State agency's basic duty, and it is naturally prohibited even in criminal proceedings. However, it cannot be said that the submission of all evidence related to the private life sphere of the people can not be immediately prohibited. Thus, the court shall decide whether to grant it by balancing the benefits of protection such as effective criminal prosecution, the public interest in criminal proceedings, and the personal interests of individuals (see, e.g., Supreme Court Decision 2008Do3990, Sept. 9, 2010).

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