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(영문) 대전지방법원 2015.01.22 2014고정1799
약사법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is a person working for a medical institution in charge of the receipt and receipt of patients in the third floor B of the building of Daejeon Jung-gu, Daejeon, and Defendant B is the director who operates the above medical institution.

1. No person who has established a medical institution for defendant A (including persons working for the relevant medical institution) shall induce any person who has a prescription to get the preparation of drugs at a specific pharmacy;

On March 26, 2014, around 15:02, the Defendant respondeded to “1st floor, F.C.,” the patient who was given a prescription in the Jung-gu 3rd E B B B B and the reception box of Daejeon-gu, Daejeon-gu, stating that “I am a pharmacy,” and asked “I am a pharmacy only,” “I am a pharmacy, if I am a pharmacy, I will not be able to get a drug prepared at a specific pharmacy.”

2. Defendant B, who is an employee, committed a violation as prescribed in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol of the prosecution;

1. Determination as to Defendant B and defense counsel’s assertion

1. Defendant B did not neglect due care and supervision, such as frequently educating Defendant A and nurses that they should not designate and inform specific pharmacies in order to prevent such violation.

2. According to the judgment feet, video CDs, Defendant A sent a answer to the purport that Defendant A would go to the F pharmacy on the first floor without putting himself/herself into question of the patient who was given a prescription. Even if Defendant B provided education to Defendant A, nurses, etc. so that he/she would not designate and inform the specific pharmacy, it seems that there is no particular effect.

In the end, Defendant B is subject to administrative disposition such as punishment and suspension of business, if he/she violates it from time to time when he/she educates his/her employees to designate and inform specific pharmacies.

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