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(영문) 서울남부지방법원 2018.11.21 2018고단4400
약사법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and a fine of two million won;

The defendant does not pay a fine.

Reasons

Punishment of the crime

1. From May 15, 2017 to October 13, 2017, Defendant A sold 1,005,000 won in total for sex treatment to E, among the period from May 15, 2017 to October 13, 2017.

The defendant was well aware of the circumstances that E is performing sex procedures against others by using the Stockholm, etc. sold as above.

E, even if it is not a medical person, from April 27, 2009 to February 12, 2018, performed sex procedures, such as Boxan injection, against F, etc., and received a total of KRW 8,280,000,000,000 from around February 27, 2009, and used Boxan, etc. sold by the Defendant in such medical practice.

As a result, the Defendant, who is not a medical personnel, aided and aided the medical practice of E, and sold drugs to a person who is not a pharmacy founder.

2. From May 15, 2017 to October 13, 2017, Defendant B sold drugs to the extent that the Defendant was not a pharmacy founder by selling 1,741,00 won of the total of 1,741,00 won at the Gangseo-gu church in Gangseo-gu Seoul, Gangseo-gu, Seoul.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

1. Details of each transaction;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of court rulings) and other statutes;

1. Defendant A who committed a crime: Article 5 subparag. 1 of the Act on Special Measures for the Control of Public Health Crimes, Article 27(1) of the Medical Service Act, Article 32(1) of the Criminal Act ( comprehensively referred to as aiding and abetting Unlicensed Medical Services), Article 93(1)7 and Article 44(1)( comprehensively referred to as “Article 93(1)7 of the Pharmaceutical Affairs Act,” Article 93(1)7 and Article 44(1)( comprehensively referred to as “Defendant B”: Article 93(1)7 and Article 44(1) ( comprehensively referred to as “Article 94(1)) of the Pharmaceutical Affairs Act;

1. Defendant A who commits an ordinary concurrent crime: Articles 40 and 50 of the Criminal Act (a punishment imposed on a person who commits a crime of aiding and abetting a violation of the Act on Special Measures for the Control of Public Health Crimes which is heavier than punishment);

1. Defendant A who has selected the punishment: Defendant B by choosing the imprisonment with prison labor for the abandonment and by both penalties;

1. Defendant A to be mitigated: Articles 32(2) and 55 of the Criminal Act.

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