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(영문) 부산지방법원 2014.04.17 2014고단1393
약사법위반
Text

A defendant shall be punished by imprisonment for six months and a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 10, 2012, the Defendant manufactured medicines without permission by the competent authorities, including that, without obtaining permission from the Defendant on or around February 10, 2012, the Defendant manufactured medicines in the same manner as indicated in the separate list of crimes, including that, in C, a gaser, a flager, etc. run by the Defendant in Busan Jin-gu, the Defendant, including 100 square meters of clocks, predincincinal predincincinal drugs, which contain typists, and that 100 square meters of cincins of 60 meters of cins, in which the Defendant manufactured medicines by means of dividing 60 meters of cins.

2. The Defendant, even if he was not a pharmacy founder around February 10, 2012, advertised the drug manufactured as above in the above C as a special efficacy for recovery and strengthening of sexual function, and sold drugs worth KRW 5 million in total over 25 times from around that time to November 15, 2013, including that 10,000 square meters were collected from D and 100,000 square meters were sold.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of each request for appraisal;

1. Relevant provisions of the Pharmaceutical Affairs Act concerning facts constituting an offense, and Articles 93 (1) 4, 31 (1) (the manufacture of medicines without permission), 93 (1) 7, 44 (1) (the sale of medicines by a non- pharmacy founder), and 93 (2) of the same Act concerning the selection of punishment, and both imprisonment and fine;

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

1. Although there are favorable grounds for sentencing under Articles 70 and 69(2) of the Criminal Act, such as the fact that the defendant is against the reason for sentencing under Articles 70 and 69(2) of the Criminal Act, and the fact that the defendant's trading of drugs may cause many side effects, thereby infringing on national health, as well as infringing on public health order.

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