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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is a person who operates a “C convenience store” in G of the wife population in Young-si.
1. No person, other than a pharmacy founder, may sell drugs or acquire them for the purpose of sale;
Nevertheless, at around 17:00 on December 21, 2014, the Defendant sold to customers under his name 2,500 the sales call 1 disease of the dynamic drugs Co., Ltd., an over-the-counter drugs at the above convenience store.
2. No one shall open a container or package of drugs sealed by a manufacturer or a person who has obtained marketing approval of drugs, etc. or an importer to sell drugs;
Nevertheless, the Defendant opened at the same time and place as referred to in the preceding paragraph 2,500 won for customers who are not in sales after opening the dynamics 1 strawet (five unit packaging). Of them, the Defendant sold one of the 2,500 won to sexually ill customers.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. On-site photographs;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Article 93(1)7 of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015; hereinafter the same shall apply) and the main sentence of Article 44(1) (which sells drugs even if a pharmacy founder is not a pharmacy founder), Article 94(1)6 of the former Pharmaceutical Affairs Act, and the main sentence of Article 48 of the former Pharmaceutical Affairs Act (which means opening and selling of sealed drugs packages), and each choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59(1) of the suspended sentence of sentence of the Criminal Act provides that the Defendant would not repeat a crime against his/her own mistake and will not repeat a crime; the primary offender is raising three children neglected; the Defendant is receiving hospital treatment after the diagnosis of stress disorder due to the recent crime damage caused by symptoms; the Defendant’s age, character and conduct, environment, and motive, background, means, and consequence leading to the instant crime.