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(영문) 의정부지방법원 2015.09.15 2014노2922
약사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A shows the fact-finding that he was waiting for a customer at the time, and did not sell medicine until a pharmacist took place, and Defendant B provided due care and supervision, such as educating Defendant A, who did not sell medicine in the state of his absence.

B. In light of the legal principles, the fact that Defendant A shows a summary to customers at the time, and the customer raises the drug value of KRW 15,00 on the pharmacy sales stand does not constitute “sale” under the Pharmaceutical Affairs Act.

C. The lower court’s sentence of unreasonable sentencing (Defendant A: imprisonment of eight months, suspension of execution of two years, Defendant B: fine of one million won) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts is consistent with the circumstances that can be recognized by the evidence duly admitted and examined by the court below, namely, ① Defendant A’s statement that “as to the drugs” from customers; ② Defendant A’s statement that “as to the three items recorded in the facts constituting a crime in the judgment of the court below, it was 15,000 won, and the weak value was found to be 15,000 won from customers; ② the above customer’s statement was made in the investigative agency and the court of the court of the court below that “I could not listen at all to the talking point from Defendant A until a pharmacist takes place”; ③ Defendant A did not have any reason to show the drugs to customers and customers; ④ Defendant B was unable to communicate with others due to a serious danger of communication with others, making it difficult for Defendant B to communicate with others, and thus, Defendant B was unable to use this case’s drug without any sufficient reason to close the Defendant’s health.

B. M&D.

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