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(영문) 서울서부지방법원 2018.01.11 2017노1336
약사법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

Since the fact that the retail of drugs listed in paragraph (1) of the facts constituting a crime of the judgment below and the sales of drugs at the places other than the stores listed in paragraph (2) constitute several crimes, the crime of violation of the Pharmaceutical Affairs Act by retail of drugs by a drug wholesaler and the crime of violation of the Pharmaceutical Affairs Act by sales of drugs at the places other than the store, despite the fact that the crime of violation of the Pharmaceutical Affairs Act by retail of drugs by a drug wholesaler, the court below, despite the fact that each of the above crimes

On the other hand, the court made a mistake in increasing concurrent crimes, which affected the judgment.

In this respect, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Punishment of the crime

The Defendant is a person who operates a food subdivision business and drug wholesaler in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, and a person who sells herb drugs, etc. through D's Internet shopping mall.

A person who has obtained marketing approval of drugs, importer, or drug wholesaler shall not engage in retailing of drugs, and a pharmacy founder and drug dealer shall not sell drugs at a place other than the pharmacy or store.

Nevertheless, from around November 2014 to November 8, 2016, the Defendant: (a) approximately 69 items, such as the limitation to the operating committee of a drug manufacturing firm, and the oriental medicine drugs, which were manufactured by the U.S. A. A. M. M. M. M. K. K. K. L. L. L.C., as shown in the list of crimes in attached Form 1,590, 11, 798, 200 won.

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