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(영문) 수원지방법원 성남지원 2015.09.23 2015고단1213
약사법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

A person other than a pharmacy owner may not sell medicines or acquire them for the purpose of selling them, and no one shall sell forged medicines, store or display them for the purpose of selling them.

Nevertheless, the Defendant:

1. On November 7, 2014, around 22:16, at the adult product stores of “C for the operation of the Defendant in Gwangju City”, sales to a person who has failed to make a statement in his/her name at KRW 5,00 as a 1-party 5,00 won, a forged medicine.

2. On December 22, 2014, around 19:40, at the above “C”, purchased Basia, which is a medicine from a person without a name, in one-party 3,200 won, from a person without a name, and sold D as one-party 5,00 won per 1 political party of Basia 2.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Copies of public interest reports;

1. Reporting on detection;

1. A report on internal investigation:

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act, the choice of applicable law to facts constituting an offense, and the choice of punishment, respectively, and the choice of imprisonment;

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. Social service order under Article 62-2 of the Criminal Act;

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