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(영문) 서울북부지방법원 2016.07.21 2015고정2372
약사법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is a pharmacist operating "F pharmacy" and "F pharmacy" in Seoul Jung-gu, Seoul, and the defendant A is a child of the defendant B, the defendant C is a husband of the defendant B, who is in the position of each employee.

1. Around March 18, 2015, Defendant C sold to customers, an over-the-counter drug at the above F pharmacy around 18:14, 2015, the following: (a) Defendant C was unable to sell drugs or obtain drugs for the purpose of sale; (b) Defendant C sold 1 bottle, an over-the-counter drug, to customers.

2. Notwithstanding the fact that Defendant A is not a pharmacy founder but is unable to sell drugs or obtain them for the purpose of sale, the Defendant, at the above F pharmacy around April 20, 2015, sold 1, 1, 1, 1, 1, and 1, 2, 1, 1, 1, 1, 1, 1, 2, 1, 1, 2, 2015 to customers in general.

3. Defendant B committed the above violation in relation to Defendant B’s duties at the time, place, and each of Defendant C, who is an employee, and Defendant B committed the above violation.

Summary of Evidence

1. Part concerning G’s statement in the examination of witness G in this court’s witness examination protocol

1. Each accusation;

1. Video CDs or CDs (hereinafter referred to as such images);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A and C: Each of the former Pharmaceutical Affairs Act (Amended by Act No. 13655, Dec. 29, 2015; hereinafter “former Pharmaceutical Affairs Act”) Article 93(1)7 and Article 44(1) of the former Pharmaceutical Affairs Act; the selection of fines, respectively,

B. Defendant B: Articles 97, 93(1)7, and 44(1) of the former Pharmaceutical Affairs Act; selection of fines

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

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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