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(영문) 서울중앙지방법원 2016.11.29 2015고정2162
약사법위반
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is a person working in D, and Defendant B is a pharmacist.

No person, other than pharmacy founders (including pharmacists or herb pharmacists working for the relevant pharmacy), shall sell drugs.

1. Notwithstanding that Defendant A is not a pharmacist, around November 18, 2014, around 16:40, the Defendant sold an e-counter e-counter 2,00 won, over-the-counter e-counter e-the-counter e-counter e-counter e-mail to customers who find the truth control in D located in Jung-gu Seoul Metropolitan Government.

2. Defendant A, an employee of Defendant B, committed the above-mentioned violation in relation to the Defendant’s pharmacy business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 93(1)7 and Article 44(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015); Defendant B who selects a fine: Articles 97, 93(1)7, and 44(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015); Articles 97, 93(1)7, and 44(1) of the former Pharmaceutical Affairs Act; the choice of a fine

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the order of provisional payment: Article 334(1) of the Criminal Procedure Act provides that the Pharmaceutical Affairs Act provides that no person, other than a pharmacist, may establish a pharmacy (Article 20(1) of the Pharmaceutical Affairs Act), and also prohibits sales of drugs by a person, other than a pharmacy founder or a pharmacist working at the pharmacy in principle.

(Article 44(1) main text of the Pharmaceutical Affairs Act. The purport of the same provision is to ensure that the sale of drugs is likely to affect the national health, and thus, it is inappropriate to leave the sale of drugs to the national freedom, and thus, to generally prohibit the sale of drugs and allow the sale of drugs by cancelling the general prohibition only to those who are qualified through a certain test.

(See Supreme Court Decision 98Do1967 delivered on October 9, 1998, see Supreme Court Decision 98Do1967, Oct. 9, 199.

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