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(영문) 전주지방법원 2016.07.07 2015노1433
약사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who had sold drugs according to the directions of pharmacist B in a pharmacy dispensary, was guilty of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (4 months of imprisonment, 2 years of suspended sentence) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the trial court: (i) A public interest reporter F made a statement in the court of the lower court to the effect that “F, immediately after entering the pharmacy, entered the pharmacy, entered her own stoves stoves stoves stoves s to himself/herself without going through the process of confirming or having to confirm her pharmacist; and (ii) according to the video of video CDs, upon the request of F to visit the pharmacy on August 27, 2014 to “stoves stoves”, the Defendant immediately visited F, and settled medicine values, and there was no error of law by taking account of the fact that F visited the Defendant to “stoves stoves” and the Defendant’s stoves s to whom he/she was located, and that there was no error of law by taking account of the fact that he/she sold medicines or sold it to F.

B. As to the unfair argument on sentencing, it is recognized that the term “satisfy”, which was sold by the Defendant, is an over-the-counter medicine and is relatively low risk of health sanitation.

However, the defendant has committed the same crime several times.

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