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(영문) 수원지방법원 성남지원 2013.06.07 2013고단847
약사법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 11, 2013, the Defendant violated the Pharmaceutical Affairs Act: (a) around 19:00, at the adult store located in the 1st floor located in Sungnam-si, Sungnam-si, the Defendant acquired the Defendant for the purpose of selling a fake 19 and a fake 10 salpercecee containing salpers, which are pharmaceutical products, even if the Defendant was not a pharmacy founder.

2. The Defendant displayed obscene materials at the time and place indicated in the foregoing 1. Paragraph (1) publicly displayed a maternal female sexual flag, an obscene material, at the display stand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

1. Relevant legal provisions concerning facts constituting an offense, Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act (the acquisition of medicines for the purpose of selling them, the choice of imprisonment), and Article 243 of the Criminal Act (the occupation of display of obscene materials and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Social service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48 (1) 1 of the Criminal Act include criminal records having been sentenced twice to a fine due to a violation of the Pharmaceutical Affairs Act; however, considering the fact that the defendant was committed in the course of committing a crime, and that the defendant was committed not to commit such crime again, the punishment shall be determined as ordered by the Ordinance.

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