logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.31 2018고단7554
약사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is a person who operates a building B and a adult product store in Seoul Special Metropolitan City.

No person, other than a pharmacy founder, may sell drugs, acquire them for the purpose of sale, or sell forged drugs, or store or display them for the purpose of sale.

1. On May 2018, the Defendant purchased KRW 6,00,00 for the purpose of selling domestically non-domestic products for which the ingredients, content, etc. of ingredients, etc. have not been verified from a person who was unaware of his/her name, at the above adult product shop, after the Defendant was not a pharmacy founder.

2. From May 2018 to July 20, 2018, the Defendant stored a forged non-agra 2 as described in paragraph (1) at the above adult product shop for the purpose of selling to unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes on seizure lists;

1. Relevant provisions of the Pharmaceutical Affairs Act concerning facts constituting an offense, Articles 93 (1) 7, 44 (1) (which acquires medicines which are not established as pharmacy), 93 (1) 10, and 61 (1) 1 (which store counterfeited medicines) of the Pharmaceutical Affairs Act, and the choice of imprisonment with prison labor;

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;

1. The defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, has been punished several times for the same kind of crime at the same place even before the instant case, but further commits the instant crime, he/she shall be selected to be sentenced to imprisonment with prison labor, taking into account the circumstances.

However, the execution of the above imprisonment shall be suspended in consideration of the defendant's environment, including the fact that the defendant recognizes each of the crimes in this case and reflects against the defendant, the scale of each of the crimes in this case, how to commit any act, economic situation,

It is so decided as per Disposition by comprehensively taking account of such circumstances as well as the sentencing conditions under Article 51 of the Criminal Act as shown in the argument of this case.

arrow