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(영문) 대전지방법원천안지원 2020.11.17 2020고단1835
약사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall sell, store or display for sale, non-pharmaceutical drugs for which the manufacturer, manufacturing number and use time limit, letters “non-pharmaceutical drugs”, etc. are not stated on the containers or packages of quasi-pharmaceutical drugs.

The Defendants purchased and sold Mask for public health in the situation of spreading crona 19 infectious diseases, and conspired to divide the profits from the purchase of Mask for public health and sell them.

From March 3, 2020 to March 10, 2020, the Defendants: (a) purchased more than 16,500 Maskk (KF94) for health from D, etc. at the office of the Defendants in the Dong-gu Seoul-gu and the 2nd floor from D, etc.; and (b) sold 15,00 Mask (15,000 to 3,000 3,50 ,50 , respectively, to the containers or packages without the description of the manufacturer, manufacturing number, use period, and non-pharmaceutical drugs.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copies of each police suspect examination protocol of D, E, F, G, and H;

1. A copy of each internal investigation report, a photo at the control site, and a Kakakao Stockholm conversation (Evidence Nos. 3 through 6);

1. Protocol of seizure and list of seizure of police (No. 20 of the evidence list);

1. Application of the Acts and subordinate statutes for designation of the scope of quasi-drugs;

1. Article 93 (1) 10, Article 66, Article 61 (1) 1, Article 65 (1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act (Appointment of Imprisonment with prison labor), Article 30 of the Criminal Act, applicable to the relevant criminal facts, and the choice of punishment, respectively;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The Defendants’ grounds for sentencing under Article 62-2 of the Criminal Act on probation recognize and reflects the Defendants’ mistake, and the primary offender, and the quality of the crime of this case committed in the situation where the people’s demand for health Mascks is imminent due to the Corrona’s 19th century. The circumstances and degree of participation in the crime of this case, the period and amount of the sale of this case, and other Defendants’ age, character, environment, motive and means of the crime.

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