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(영문) 창원지방법원 마산지원 2017.06.14 2017고단135 (1)
약사법위반
Text

A defendant shall be punished by imprisonment for not less than one year and 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

The defendant is not a pharmacy founder, but a pharmacy founder shall not sell or acquire drugs for the purpose of sale.

1. The Defendant sells to O the drugs purchased in a way that it is unknown to the Defendant, “Sporo 250”, “Sporo” and “Stod” twice through two occasions, the sum of KRW 1,010,00,000, including KRW 590,000, Oct. 20, 2013, and KRW 420,000,000, on October 23, 2013;

2. Acquisition of approximately KRW 10,000,000 each time from April 15, 2015 to June 6, 2015, of drugs, such as D-BOL, (D-BOL), from a Gun express bus terminal located on April 15, 2015, via E, for sale purposes of approximately KRW 10,000,000,000,000 from A and B, respectively, from around eight times in total;

3. On December 2, 2015, a police officer issued drugs, such as Switzerland (D-BL) from a bus terminal in the above military service area, as an express bus cargo transport, and acquired them for sales purposes equivalent to KRW 20 million in total from G and B twice in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness A, B, and E;

1. Statement made by the police to J;

1. Response to a request for appraisal;

1. A criminal investigation report (a stamp and distribution channel investigation), a criminal investigation report (a confirmation of the details of transactions in the E Account), a criminal investigation report (a criminal investigation into the F Account deposit), a criminal investigation report (a purchaser investigation report), and a criminal investigation report (a monetary statement analysis report);

1. Application of immigration Acts and subordinate statutes on individuals;

1. Relevant legal provisions concerning criminal facts, Articles 93 (1) 7 and 44 (1) (a) of the Pharmaceutical Affairs Act (a point of acquisition and sale of medicines by a person who is not a pharmacy founder) of the same Act concerning the selection of punishment, and the choice of imprisonment with prison labor;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The defendant is the first offender, and some crimes are led to confession.

Conditions disadvantageous to: part of the circumstances;

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