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(영문) 의정부지방법원 2017.08.07 2017고단2630
약사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a pharmacist who has established a D pharmacy in medical city C, and E is an employee of the above pharmacy with the children of the defendant.

On December 27, 2016, the Defendant, an employee of the Defendant, sold one over-the-counter medicine called “nden person” to customers who found the above pharmacy at the above D pharmacy on December 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police interrogation protocol concerning E;

1. Application of the F’s written statement, pharmacy establishment registration certificate, and documentary evidence submitted by an accusers to the statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 97, 93 (1) 7, and 44 (1) of the Pharmaceutical Affairs Act concerning the selection of punishment (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

Although the defendant has already been punished twice due to the violation of the Pharmaceutical Affairs Act, he/she shall be sentenced to a fine in consideration of the fact that he/she has led to the confession of the crime, the sold medicine is ging, the price is low, etc.

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