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서울북부지방법원 2015.06.04 2015고단732
약사법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Despite the fact that the Defendant is not a pharmacy founder, around September 1, 2014, at the adult stores operated by the Defendant in Dongdaemun-gu Seoul Metropolitan Government, the Defendant received 15,000 won for prescription drugs, which is a pre-incrimination treatment, from the non-incriminants, and sold the drugs to the non-incriminants at the same place on September 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each petition of the Anti-Corruption and Civil Rights Commission;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the fact that the defendant committed the crime of this case continuously, despite having three times or more of the past records of the crime committed in the sentencing of Article 334(1) of the Criminal Procedure Act, the defendant must be sentenced to strict punishment; however, the defendant has not re-imprisoned the crime of this case on April 20, 2015, such as closing down his store for selling adult products, etc.; and other circumstances shown in the argument of this case, such as the defendant's age, family relation, and inclination, shall be determined by taking into consideration the whole circumstances shown in the argument of this case.

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