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(영문) 광주지방법원 2017.09.08 2017고정403
약사법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a herb pharmacist, and the facts charged in the instant case are considered to be “one intention,” but it is deemed to be a clerical error, and thus, it shall be corrected.

From March 15, 2015 to September 2016, at C oriental medical hospitals: (a) made 300,000 won per box at D oriental medical medication rooms of nuclear oriental medical hospitals, which correspond to D oriental medical medication rooms, into powdering; and (b) made them by means of spraying and drying powder using machinery by destroying powder; and (c) made them refunded.

2. Determination

(a) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:

3. A person who violates Article 23 (2), (3), (4), (6), or (7) or a person who prepares drugs. Article 23 (Preparation of Drugs) (2) If a pharmacist or herb pharmacist prepares drugs, he/she shall do so at a pharmacy or a dispensary of a medical institution (including a dispensary established at the Korean rare or essential drug center in accordance with the latter part of Article 92 (1) 2);

Provided, That this shall not apply where approval from the head of a Si/Gun/Gu is obtained.

2) A person who establishes a medical institution pursuant to Article 36 (Matters to be Observed) and Article 33 (2) and (8) of the Medical Service Act shall comply with the following, as prescribed by Ordinance of the Ministry of Health and Welfare:

1. Matters concerning the standards for facilities and specifications for each type of medical institution under Article 34 (Standards for Facilities and Specifications of Medical Institutions) of the Enforcement Rule of the Medical Service Act shall be as specified in attached Table 3, and the standards for facilities by type of medical institution under subparagraph 1 of Article 36 of the Act shall be as specified in attached Table 4;

1. 20. 20. 1 (D. 1. 1. 1. 1. 2. 1. 1 (D. 1. 1. 1. 1. 1. 1. 2. 1 (D. 2. 1 to be equipped only where a specialized department for the relevant one is established and a sugar is operated with a specialized department for the relevant one) (1) 1. 20. Other facilities

(a) sugar rooms;

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