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(영문) 서울서부지방법원 2018.07.20 2018고단1835
약사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person other than a pharmacy founder shall sell or acquire drugs for the purpose of sale.

1. On May 16, 2017, the Defendant sold 30,000 won to the new bank account in the name of the Defendant, in front of the 3rd exit located in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) around May 16, 2017, after receiving 30,000 won from the police investigators to the new bank account in the name of the Defendant, and then sold the remaining table (150 g 60 g) via her husband via F (her husband).

Accordingly, the Defendant sold medicines even though he was not a pharmacy founder.

2. Although the Defendant was not a pharmacy founder, around the end of 2016, purchased drugs, such as the list of crimes in attached Table 50, from a person who was unaware of his/her name in the Southern-gu Seoul Metropolitan Government, and tried to sell bus articles, etc. from “H” located in Goyang-gu Seoul Metropolitan Government G around June 22, 2017, around the end of 2017.

Accordingly, the defendant acquired drugs for the purpose of sale even though he was not a pharmacy founder.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Photographsics and photographs sent and taken with the suspect;

1. Answer of materials pertaining to health and welfare;

1. Application of Acts and subordinate statutes to request explanation of drugs;

1. Article 93 (1) 7 of the Pharmaceutical Affairs Act and Article 44 (1) of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition, all the circumstances, including the Defendant’s age, sex, environment, and motive for committing the crime, are considered in light of the following: (a) the fact that the same criminal history of the reason for sentencing under Article 48(1)1 and 2 of the Criminal Act leads to four times more than that of the same crime; (b) the fact that there is no past record of punishment exceeding the fine; and (c) the fact that there is no record of punishment exceeding the fine.

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