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(영문) 인천지방법원 부천지원 2013.09.25 2013고단626
약사법위반
Text

Defendant

B and D shall be punished by imprisonment of 10 months, by imprisonment of 6 months, and by a fine of 10 million won.

Reasons

Punishment of the crime

Defendant

C is the president of G Hospital in Bupyeong-gu Seoul Special Metropolitan City F, and Defendant B is the employee who worked in the medicine department of the above hospital, and Defendant D and Defendant A are pharmacists who worked in the above hospital.

1. No person, other than pharmacists or herb pharmacists, may dispense drugs;

Nevertheless, the Defendants, at night, did not work for Defendant D and Defendant A, who is a pharmacist, and Defendant B, who is not a pharmacist, had a mind to prepare medicines for the emergency patients of the above hospital.

Defendant

D) From July 2010 to the above hospital medicine department, the method of preparing the medicine to Defendant B was added, and around August 29, 2012, Defendant B prepared the medicine in accordance with the prescription of the patient in the above hospital from around 2010 to around the above hospital, by mixing the medicine with slazzidine and slap-pampule in accordance with the prescription of H, which is the patient in the emergency room of the above hospital.

Accordingly, the Defendants conspired to violate the Pharmaceutical Affairs Act.

2. From February 6, 2012, Defendant A, while working as a pharmacist in the medicine department of the above hospital from around February 6, 2012, the Defendant, despite being aware that Defendant B prepared the above medicine, aided and abetted Defendant B and D to commit a crime in violation of the Pharmaceutical Affairs Act.

3. The above-mentioned B, D, and A, an employee of the Defendant C, committed a violation of the Pharmaceutical Affairs Act, such as Paragraph 1, in relation to the Defendant’s business of operating the hospital.

Summary of Evidence

1. Each legal statement of the defendant B and C

1. The legal statement of the witness B (as to the defendant A and D)

1. Medical prescriptions;

1. The Medical Institution Register;

1. Business registration certificate;

1. Each career certificate (D, A, and B);

1. Medicines in 2012 and DUTY SCHDULE (monthly-9 months);

1. Investigation report (verification of whether a pharmacist works at the time of committing this case);

1. Application of the Acts and subordinate statutes concerning output data from each production details entry system;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant B and D: Article 93(1)3 and Article 23 of the Pharmaceutical Affairs Act.

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