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(영문) 수원지방법원 2014.04.10 2013노4165
약사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the instant case’s summary of the grounds for appeal, the Defendant was in a pharmacy dispensary, instructed E to play a part of his name-free customers, and only issued a part of his name-free customers under the direction of the Defendant.

Nevertheless, the court below deemed E to have sold live games directly to customers under the name of E, and found E guilty of the facts charged in this case. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. In full view of the evidence duly adopted and examined by the court below, and the following circumstances acknowledged as a result of the investigation of the video CD recorded in the situation of the instant crime, namely, around 14:00 on May 19, 2012 by E, a manager of the D pharmacy established by the Defendant, sold 10 eggs, a drug, at the above D pharmacy, to 2,00 won at the above D pharmacy, and the Defendant does not appear in the video, and the Defendant does not appear in the video, and the Defendant does not have the face or voice recorded in the direction of E, and the above assertion by the Defendant cannot be accepted, since it is sufficiently recognized that E, an employee of the Defendant, was sold drugs even if he was not a pharmacy founder.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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