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(영문) 청주지방법원 2013.09.26 2013고정611
약사법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

B is a pharmacist who establishes the “E Pharmacy” located in Heak-gu, Young-gu, Cheongju, and the defendant A is assisting the business of the above E pharmacy due to the denial by the defendant B.

Any person other than a pharmacy founder (including a pharmacist or herb doctor working for the relevant pharmacy) shall be prohibited from selling drugs.

1. Notwithstanding Defendant A, the Defendant, at around 13:00 on November 1, 2012, sold Switzerland No. 3,000 won, an over-the-counter customer, even if not a pharmacy founder or a pharmacist.

2. Defendant B sold over-the-counter drugs at the same date, time, and place as set forth in the above Paragraph (1) even if the above A, a proxy of the Defendant, was not a pharmacy founder or a pharmacist.

Summary of Evidence

1. The defendants' statement in court (as of the second trial date)

1. Some police interrogation protocol against the Defendants

1. Application of the video CD-related Acts and subordinate statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act (Selection of Fine)

(b) Defendant B: Articles 97, 93(1)7, and 44(1) of the Pharmaceutical Affairs Act (Selection of Fine)

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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