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(영문) 부산지방법원 서부지원 2019.08.23 2019고단526
약사법위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person shall sell forged drugs, store or display them for sale.

Nevertheless, at around 13:55 on January 10, 2018, the Defendant stored three-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-way prococrows of national anesthesia, and nine-five-five-year-form drugs for the purpose of selling them.

Summary of Evidence

1. Defendant's legal statement;

1. Three-time protocol concerning suspect examination of the police (a right to classification of investigation records, 698 pages);

1. Report on internal investigation (the confirmation of the details of the contact of the detained D post office), details of the call-to-door dispatch, report on internal investigation (the analysis of the details of financial transactions between the D and the suspected persons), and details of account transactions;

1. Records of seizure and the list of seizure;

1. A summary appraisal report;

1. Application of the photographic Acts and subordinate statutes;

1. Article 93(1)10 and Article 93(2) and Article 61 subparag. 1 of the former Pharmaceutical Affairs Act (Amended by Act No. 14926, Oct. 24, 2017);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasoning for sentencing under Article 62(1) and (2) of the Criminal Act (see, e.g., favorable circumstances, etc., among the reasons for sentencing) is that the crime is highly harmful to national health and sound order in the distribution of medicines, and thus, the nature of the criminal defendant is not good.

The fact that the defendant has already been punished twice due to the violation of the Pharmaceutical Affairs Act is also disadvantageous.

However, considering the fact that there are many number of forged drugs stored by the defendant, that the defendant is old, that the defendant recognized his mistake and against the defendant, the circumstances favorable to the defendant.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.

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