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(영문) 대전지방법원 2013.07.25 2013고정406
약사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a pharmacist who operates a pharmacy under the trade name of "E pharmacy" in Daejeon Jung-gu, Daejeon, and Defendant B is a wife of Defendant A.

1. Defendant A

(a) A pharmacist shall, in case where he prepares alternative medicines instead of the medicines entered in a prescription slip, notify a doctor or dentist who has issued the relevant prescription slip of the details of such alternative medicines within one day (three days if unavoidable reasons exist);

Nevertheless, the Defendant, around March 9, 2009, failed to notify the doctor who issued the prescription of alternative preparations in the above method 10 times in total, as described in the separate list of crimes, even though prescription medicines issued by the doctor H of the doctor of the “G Usia” were 250mmg of Slllle Co., Ltd., Ltd., and even though it was replaced by the slllle, the Defendant did not notify the doctor who issued the prescription of alternative preparations in the above method, as described in the separate list of crimes, from August 27, 2010.

B. Defendant B, an employee, was not a pharmacist or herb pharmacist with respect to the Defendant’s business at the time, at the following time, and at the same place as stated in paragraph 2 below.

2. On December 24, 2012, Defendant B, even though he was not a pharmacist or herb pharmacist, was unable to prepare drugs, the Defendant, at the above pharmacy around 19:10 on December 24, 2012, after receiving KRW 2,900 from K of customers, who sought a prescription issued by the doctor of “I non-humane Department,” and received KRW 2,90,000 from K of customers, and prepared drugs, such as drawls, drawers, dives, dives, and lebanes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of each police statement concerning L;

1. A written accusation against each violator of the Pharmaceutical Affairs Act;

1. Application of the Acts and subordinate statutes governing the civil petition of K;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Each of the former Pharmaceutical Affairs Act (amended by Act No. 9847, Dec. 31, 2010).

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