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(영문) 청주지방법원 제천지원 2018.07.19 2017고정116
약사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates the above member as the doctor of the Apathy Department in Ycheon-si B.

The defendant is a medical doctor holding a medical license who is not a pharmacist or herb pharmacist, and he shall not prepare medicines exceptionally for an in-patient.

Nevertheless, the Defendant, around October 6, 2012, instructed the above member of the Council to prepare a drug containing flussium and heart nicotine, etc. to the nurse on duty who is not a pharmacist working for the above member, and the above nurse pursuant to the above instruction, around that time, he prepared a drug for an in-patient at a dispensary located on the third floor of the above member, as well as from that time until March 23, 2015, the Defendant instructed the above hospital nurse C, D, and E, etc. who did not obtain a pharmacist license by the above method, to prepare the drug for an in-patient.

Accordingly, the defendant, in collusion with the above hospital nursing assistant, did not prepare medicines directly for the inpatients.

Summary of Evidence

1. Statement made by the witness C and D in the second public trial protocol;

1. Legal statement of witness E;

1. Each police statement made to F and G;

1. Copies of the detailed statement of expenses for medical care benefits by person who has received an example, medical records, etc.;

1. Copy of other related data; and

1. Current status in general of institutions providing medical care;

1. Current status of holding medicines;

1. An investigation report (to attach text messages sent by a suspect A);

1. An investigation report (re-specified a list of medicines without qualification and attaching a list of crimes);

1. A person on duty who was enrolled in between 2012 and 2015 and a retired employee;

1. Application of Acts and subordinate statutes of a report on investigation (Preparation and attachment of a list of crimes);

1. Article 93(1)3 and Article 23(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015); Article 30 of the Criminal Act on criminal facts (amended by Act No. 1314, Jan. 28, 2015).

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