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(영문) 창원지방법원 2015.04.14 2014고단3257
약사법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a adult product store called “D” in Changwon-si, Changwon-si.

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

Nevertheless, around September 17, 2014, the Defendant sold 20,000 won to customers E with special drugs, at the above adult product shop around September 21, 2014.

2. Defendant B is a person who has worked as an employee at an adult product shop called “D” operated by father A from Changwon-si F as an employee.

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

Nevertheless, at around 13:50 on September 18, 2014, the Defendant sold 20,000 won to customers E with prescription drugs, a non-agra 3,00 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Statement of seizure of each police;

1. The application of the Acts and subordinate statutes governing the CD-making visual images sold by each violator of the Pharmaceutical Affairs Act;

1. Article 93(1)7 and Article 44(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015) (amended by Act No. 1314, Jan. 28, 2015) applicable to the facts constituting an offense (Article 93(1)7 and Article 44(1) of the same Act

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Defendant A with reasons for sentencing under Article 48(1)1 of the Criminal Act (Defendant A): In light of the fact that the crime of this case was committed and re-offendered even though he had had been punished several times due to the same crime, he/she shall choose to be sentenced to imprisonment as he/she is not easy.

However, the court shall decide to suspend the execution of punishment only once, taking into account all the circumstances that reflect the defendant's mistake, the degree of violation revealed in the crime of this case, the age, character and conduct, environment, and motive for the crime of this case.

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