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(영문) 대전지방법원 2013.07.12 2013고정849
약사법위반
Text

Defendants are acquitted.

Reasons

1. The summary of the facts charged is that Defendant A works for “E pharmacy” located in Daejeon Dong-gu, Daejeon, and Defendant B is a pharmacist who established the above pharmacy.

No person other than a pharmacy founder or a pharmacist working for the relevant pharmacy shall sell drugs.

Nevertheless, around June 12, 2012, Defendant A, an unqualified, sold Madpflass 1 A, an over-the-counter medication amounting to 2,000 won to customers visiting the above pharmacy at around 20:25.

Defendant

B, at the same time and place as above, Defendant A, an employee, committed the above-mentioned act in relation to Defendant B’s business.

2. Determination

(a) Where multiple actions falling under the name of the same crime are continuously conducted for a certain period under the single and continuous criminal intent and the legal benefits of such damage are the same, each of these actions should be punished by a single comprehensive crime in total;

(B) Supreme Court Decision 2001Do3312 Decided August 21, 2001 and Supreme Court Decision 2003Do6288 Decided December 26, 2003, etc. (see, e.g., Supreme Court Decisions 2003Do6288, Dec. 26,

According to the investigation report (a copy of summary order attached), each criminal record, each police interrogation protocol against the Defendants, etc., the following facts may be recognized:

(1) On November 5, 2012, Defendant A received a summary order of KRW 700,000 from the Daejeon District Court to commit a violation of the Pharmaceutical Affairs Act, and the summary order became final and conclusive on December 4, 201 of the same year. Defendant B was sentenced to a fine of KRW 700,000 as a violation of the Pharmaceutical Affairs Act by the same court on December 13, 2012, and became final and conclusive on the 21st of the same month.

(2) The facts constituting the offense of violation of each of the summary order and judgments rendered above are as follows: (a) Defendant A is a medical examiner to customers on May 28, 2012, even if it is not a pharmacy founder or a pharmacist; and (b) the same year.

6. 15. Sales of gallons respectively, and Defendant B, an employee, sold the drugs.

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(3) Defendant B, as a pharmacist, operated a pharmacy with the trade name “E pharmacy” in Daejeon-gu, Daejeon-dong, and Defendant A as an employee of the above pharmacy around January 2012.

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