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A defendant shall be punished by imprisonment for one year.
except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person other than a pharmacy founder shall sell drugs, and the defendant shall establish a pharmacy because he/she is not a pharmacist or herb pharmacist.
From around March 2014, the Defendant sold 500,000 won of the price for the non-accina and Simnaece 3,000 won for the non-accina and Simnacece 3,000 medicine to E’s from the F of the E’s operation in Seodaemun-si, and around June 2014, the Defendant sold 1,000 won of the price for non-accina and Simnacece 6,000 won to E.
Accordingly, even though the defendant was not a pharmacy founder, he sold medicines twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Article 93(1)7 and Article 44(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015) concerning the relevant criminal facts and the selection of punishment, respectively.
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed for a crime committed on or around June 2014, heavier punishment)
1. The fact that the Defendant handles an unverificationd drug without being able to handle the drugs for sentencing under Article 62(1) of the Criminal Act shall be subject to criticism. However, the fact that the Defendant mistakenly recognized the fact that there was a history of punishment for similar contents to the Defendant, but has long been punished, and that the frequency of handling the drugs has not been more than twice but not been more than twice.
There is no ground to view, and comprehensively considering the fact that the defendant after the crime was returned to farming and concentrate on growing a drug at the beginning, etc., the punishment shall be determined as per the order.