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(영문) 인천지방법원 2020.02.07 2019고단8371
약사법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

No person other than a pharmacy founder may sell drugs or acquire drugs for the purpose of sale.

Even if the Defendant is not a pharmacy owner, the Defendant, along with B, received prescription drugs from one-person C through a selective distribution, etc., and tried to sell prescription drugs by subdividing them to the buyer, etc. according to the orders of the above C.

From October 2018 to February 12, 2019, the Defendant acquired 110 out of 15,00 won from 10 to 15,00 won from 10 to 10,00 won from 10 to 15,00 won from 10 to 12,00 won from the office of the Dong-gu Incheon Metropolitan City Building E, and from C, 94 to 94,00 in 110 in 10 in 10 in 10 in 10,00 in 10 to 15,00 in 10 in 10,000 in 10 to 15,00 in 15,00 in 10 to 20's place of residence of the above F, and from that time, the Defendant sold 1 to 20 years in 20.

2. From the 15th day to the 15th day, he sold medicines equivalent to 2,495,000 won in total over 11 times as shown in the [Attachment List].

As a result, the Defendant, in collusion with B and C, acquired prescription for the purpose of selling, and sold, even if it is not a pharmacy founder.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B;

1. Each police statement concerning G and F;

1. Details of H dialogue;

1. Information on respective addressees;

1. Application of Acts and subordinate statutes to investigation reports (the indictment to B and attachment of judgment);

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month of imprisonment or five years, within the scope of punishment by law; and

2. The sentencing criteria are not set according to the sentencing criteria. 3. Although the sentencing criteria are set, the drugs of this case shall be the same.

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