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1. The Defendants shall be punished by a fine of KRW 500,000.
2. The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A is an employee of the D Pharmacy located in Gyeong-gun, Gyeongbuk-gun, without a pharmacist's license, and Defendant B is an operator of the D Pharmacy in 1977.
1. No person, other than Defendant A pharmacist or herb pharmacist, may prepare medicines;
Nevertheless, at around 17:50 on December 9, 2019, the Defendant prepared drugs, which are pharmaceutical drugs, and sold them to 4,500 won.
Accordingly, the Defendant manufactured and sold medicines even though he is not a pharmacist.
2. Defendant B, an employee of the Defendant, committed the same act as that of the preceding paragraph for the Defendant’s work.
Summary of Evidence
1. Partial statement of the defendant;
2. Some statements among the police interrogation protocol against the Defendants
3. Statement of the police officer to E;
4. Written accusation of the head of the competent Si/Gun.
5. The CD [the defendants asserted that they supported the preparation of a medicine by Defendant A, but in particular, when examining the CD images, Defendant A is deemed to have prepared a medicine, and it cannot be deemed that Defendant A merely assisted the preparation of a medicine by Defendant B] and the application of the statute.
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 93 (1) 3 and Article 23 (1) of the Pharmaceutical Affairs Act (Selection of Fines);
(b) Defendant B: Articles 97, 93(1)3, and 23(1) of the Pharmaceutical Affairs Act
2. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
3. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act