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The sentence of each sentence against the Defendants shall be suspended.
Reasons
Punishment of the crime
A person other than a pharmacist or herb pharmacist shall not establish a pharmacy, and sell drugs unless he/she has established a pharmacy.
1. Defendant A sold medicines equivalent to KRW 2,00,00, including “Ma-dong Ma-dong Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma,” “Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma
2. Defendant B sold drugs to Defendant B at the above time and place, as described in the above Paragraph 1, with respect to the Defendant’s business.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police with regard to F;
1. G statements;
1. A copy of the B-certification;
1. Accusation of a violator of the Pharmaceutical Affairs Act, a photograph of a drug for sale, a copy of receipt, video C.D, a photograph of a suspect A, or a pharmacist's license;
1. A written accusation;
1. The application of Acts and subordinate statutes to the investigation report (time 16);
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 93(1)7 of the Pharmaceutical Affairs Act and Article 44(1) (excluding punishment)
(b) Defendant B: the main sentence of Article 97, Article 93(1)7, and Article 44(1) of the Pharmaceutical Affairs Act
1. Punishment of a fine not exceeding 3,000,000 won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) shall be confined in a workhouse;
1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Criminal Code (the Defendants were led to the prevention of recidivism by violating their respective laws, and the Defendants were the first offender who did not have any previous criminal record before each of the instant cases; Defendant B operated the instant pharmacy without any violation of the law for about 50 years as an elderly pharmacist; Defendant B appears to be expected to discontinue the said pharmacy; the medicine sold at the instant pharmacy appears to be a relatively safe medicine with almost little side effects as a fire extinguishing system for the pharmaceutical products with the birth of the pharmaceutical products; and Defendant B’s wife was dementia)