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(영문) 서울북부지방법원 2018.09.14 2018고단2607
약사법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized articles 1 through 24, 27 through 31, 33 through 37 shall be confiscated.

Reasons

Punishment of the crime

1. No person shall sell forged drugs for the purpose of selling them, or store or display them for sale;

Nevertheless, around August 9, 2017, the Defendant stored 88,708 forged drugs, such as fake vigra 29,920 strawas, a secondary medicine treatment agent for sale, 44,00 straw straw straw straw 10,110 straw straw straw 28 straw 28 straw, 4,650 straw straw 28,650 straw straw 28,708.

2. No person other than a pharmacy founder who acquires medicines for the purpose of sale shall sell or acquire such medicines for the purpose of sale;

Despite the fact that the Defendant was not a pharmacy founder, around July 2017, acquired for the purpose of selling 1,990 kick-type 290 kick-type 290 kick-type 1,200 kick-type 1,200 kick-type 1,200 kick-type 1,200 kick-type 1,200 kick-type 50 gnick-type 50 gnick-type 1,200 kick-type 217 kick-type knick-type 217 kick-type kick-type kick-type 67, and ONE JPN 53 knk.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list and photographs of seizure;

1. Response to a request for appraisal;

1. As a result of the component analysis of evidence Nos. 1 to 7, the component analysis of evidence Nos. 8-13, 15, and 16, the application of Acts and subordinate statutes to the investigation report (as to whether the seized articles constitute drugs No. 21 to 32)

1. Relevant provisions of the Pharmaceutical Affairs Act concerning facts constituting an offense, the choice of punishment, and Articles 93(1)10 and 61(1)1 of the same Act (the point of storage for the purpose of selling forged drugs), Articles 93(1)7 and 44(1) of the same Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case for the reason of sentencing under Article 48(1) of the Criminal Act is committed with the fact that the defendant has kept forged drugs, etc. for the purpose of sale, thereby undermining the normal distribution order of drugs and causing serious danger to national health, and that the crime is not good.

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