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(영문) 수원지방법원 안산지원 2019.01.23 2018고단3411
절도등
Text

A defendant shall be punished by imprisonment for six 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. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act may sell or acquire medicines for the purpose of sale;

On June 2, 2018, the Defendant purchased at 30,000 won, a single crymis (30 crymis) for the purpose of selling in Jongno-gu Seoul Metropolitan Government B market.

Accordingly, the defendant acquired drugs for the purpose of selling them even though he was not a pharmacy founder.

2. At around 12:30 on June 5, 2018, the Defendant: (a) visited at D-site container offices located in Sinung-si, Sinung-si, in order to sell the said C-Sais, etc.; (b) provided that the Defendant would have received money from the victim E; (c) then, the Defendant stolen the cash owned by the victim by having 200,000 won in cash taken out from A-Sa to the d-site container offices; and (d) by having the d-

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A suspect escape cell, CCTV, video CD;

1. Application of Acts and subordinate statutes of subparagraphs 1 through 9 of this Article;

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act that choose a punishment, Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that agreement is made with the thief victim and that there is no criminal record);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;

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