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(영문) 대전지방법원 천안지원 2013.06.27 2013고정395
약사법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No founder of a medical institution shall instruct or induce any person holding a prescription to get preparation of drugs at a specific pharmacy.

Nevertheless, the Defendant, the president of the E Medical Foundation, who is the founder of the “D Hospital” located in the Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, as the president of the E Medical Foundation. On July 24, 2012, at around 11:00, the Defendant received medical treatment from the doctor F at the above hospital, and led a patient in non-name who was issued a prescription to get the preparation from the H pharmacy located in the Dong-gu,

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A protocol concerning the examination of suspect with regard to I;

1. Statement of the police statement to J;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a copy of identification number certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 94 (1) 2 and 24 (2) of the Pharmaceutical Affairs Act concerning the selection of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order recognize the defendant's error, the defendant has no criminal record for the same kind of offense, and all other circumstances which form conditions for sentencing, such as the age, character and conduct of the defendant and environment.

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