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(영문) 수원지방법원 안산지원 2015.01.27 2014고단3166
약사법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act may sell or acquire medicines for the purpose of sale;

Nevertheless, around 16:16 September 12, 2014, the Defendant sold a fake drug at the “C” adult product shop operated by the second floor of the building in Ansan-si, Seoul-si, the second floor of the building in B.C.

2. The Defendant, at the time and place specified in Paragraph (1) of the Trademark Act, sold a fake 2 name bearing the same mark as the “VGR trademark (registration number: 40547474760000) registered with the Korean Intellectual Property Office (registration number: 405747476000) to customers without the victim’s permission.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report of investigation (related to attachment of the trademark register);

1. Application of the Acts and subordinate statutes on video CDs in 2, 2, and 3,00 Sagra;

1. Relevant legal provisions concerning facts constituting an offense, Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act (the sales of medicines without qualification), Article 93 of the Trademark Act (the point of infringement of trademark rights) and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the suspension of execution of a sentence shall be suspended in consideration of the fact that the defendant has been punished several times for the same crime, but the fact that the defendant is against his gender, that the aged and health status is not good, and that other circumstances shown in the record);

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