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(영문) 서울동부지방법원 2013.08.14 2013고정1309
약사법위반
Text

All sentence imposed on the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B is a person who manages the computer and warehouse at the E pharmacy located in Gangdong-gu Seoul Metropolitan Government 102, and the defendant A is a pharmacist as the founder of the above pharmacy.

No person, other than a pharmacy founder or a pharmacist working for the relevant pharmacy, may sell or acquire drugs for the purpose of sale.

Nevertheless, at around 17:30 on January 3, 2013, Defendant B demanded two-way customers whose names cannot be known at the above pharmacy, and sold 3,000 won pule 1 A out of pule, a medicine.

Defendant

A, at the above date and place, the above-mentioned B, an employee, committed the above-mentioned act in relation to the defendant A's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written accusation and each written confirmation;

1. Application of Acts and subordinate statutes to which a public interest report (No. 2013-13) is sent;

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

(a) Defendant A: Articles 97, 93(1)7, and 44(1) of the Pharmaceutical Affairs Act;

B. Defendant B: Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act; selection of fines

1. Each fine of 300,000 won to be imposed on the suspension of sentence;

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

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (see, e.g., Supreme Court Decision 2007Do1148, Apr. 1, 2007)

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