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(영문) 대전지방법원 서산지원 2013.10.17 2013고정74
약사법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operated a selling store for adult products with the trade name “C” in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do.

1. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act shall sell medicines or acquire them for the purpose of sale;

At around 15:00 on September 8, 2012, the Defendant acquired the aforementioned “C” sales business, which was operated by himself, for the purpose of selling to many and unspecified persons, the Defendant purchased 57 shares of “Non-Agra”, which is a treatment product for donation, from a sales product for the purpose of selling to them.

2. No person who violates the Promotion of the Motion Pictures and Video Products Act shall sell, rent, or display or keep for the purpose of offering for viewing any video products which have not been classified by the Korea Media Rating Board;

Nevertheless, the Defendant kept obscenity 145, which was not classified at the same time and place as the above “A”, for the purpose of selling or lending to many unspecified customers.

3. At around 22:00 on September 11, 2012, the Defendant: (a) purchased and displayed in the display room a woman’s flusium, embbuck paper, conspiracy, and buck paper that made the part of the buck paper in the form almost the same as the actual ones, with the intention of selling it to an unspecified customer at the display room.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Records of seizure and the list;

1. Control note;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act concerning facts constituting an offense, subparagraph 6 of Article 95 and Article 53 (1) 1 of the Promotion of the Motion Pictures and Video Products Act, Article 243 of the Criminal Act;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Confiscation Article 48(1)1 of the Criminal Act

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