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(영문) 부산지방법원 2020.03.13 2019고단2099
약사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B A pharmacist is a person who establishes and operates a pharmacy in Busan Jin-gu C and the first floor, and the defendant A works as an employee in the above D pharmacy.

1. Notwithstanding the fact that Defendant A’s founder or a pharmacist working at the pertinent pharmacy is not allowed to sell drugs, the Defendant, around February 3, 2017, sold 2,00 won a capsulule, an over-the-counter drugs, to a person who was named in the above D pharmacy and served as a customer at the said D pharmacy.

2. Defendant B sold one small and medium-sized director, an over-the-counter medicine, as described in paragraph (1), even though he is not a pharmacist, Defendant B, as his employee.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Defendant A did not sell drugs as stated in the facts charged at the time stated in the facts charged, and Defendant B did not neglect the duty of care and supervision. This assertion argues that Defendant B did not neglect the duty of care and supervision.

However, the following facts or circumstances acknowledged by the evidence mentioned above, i.e., (i) if the above D D D D pharmacy purchased a capsulule on February 3, 2017, the witness F who reported the instant case was bound to read "D pharmacy 2,000 in Busan on February 3, 201," with respect to the date, place, and drug price of the instant medicine, "the D pharmacy 2,000 in Busan on February 3, 200," and attached the memoto and photograph to the photo of the capsule at the time of the above information, and (ii) the F also submitted the memotory taken at the time of the above information, and (iii) the video was sold in the above D pharmacy to the F while explaining and informing the price, and (iii) although the product was not videoed, the product was not recorded in the memotogram of the capsule.

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