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(영문) 대전지방법원 서산지원 2014.12.11 2014고정231
약사법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a adult product store under the trade name of “D” in Chungcheongnam-gun, Chungcheongnam-do.

No person other than a pharmacy founder shall sell or acquire drugs for the purpose of sale.

Although the Defendant was not a pharmacy founder, from July 30, 201 to April 10, 2014, the Defendant acquired a total of KRW 150 (750,000) worth KRW 150,000 from 30,000, which is a non-exploitant for the purpose of sale at the above adult product shop, and sold to many and unspecified persons a total of KRW 140 (per approximately KRW 980,000).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Scenic photographs of the site;

1. Application of the statutes on response to requests for appraisal;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that the defendant committed the instant crime even though he/she had been punished twice due to the same criminal act, and subsequently, committed the instant crime, and all of the sentencing conditions as indicated in the records and arguments thereof.

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