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(영문) 대구지방법원 포항지원 2014.07.16 2014고정5
약사법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a pharmacist who operates a pharmacy with the trade name “D” in South-gu C Building 108 at the port of port.

1. No one shall sell drugs, etc. after opening containers or packages of drugs sealed by manufacturers, persons who have obtained marketing approval, or importers;

Nevertheless, around July 2, 2013, the Defendant opened a package of approximately 100 gambling, an over-the-counter drugs, and approximately 50 gamblings, which is an over-the-counter drugs at the above pharmacy and sold 20 gamblings.

2. Any pharmacy operator shall be prohibited from storing or displaying medicines for sale, the use period of which expires;

Nevertheless, the Defendant stored and displayed “restrut” (Manufacture No. 1081, term of use June 8, 2013) and “restrut lusium” (Manufacture No. RUT002, term of use May 15, 2013) with prescription drugs, the use period of which expires at the date and place mentioned in the foregoing paragraph (1).

3. A pharmacy founder shall store and display medicines separately from those other than medicines;

Nevertheless, the Defendant stored and displayed “dominc forest” and “saccine”, an over-the-counter medicine, in the same display stand, at the time and place as indicated in the foregoing paragraph (1), and stored and displayed “saccine beer” and “limited marbl dyebl dyebl dye,” which are over-the-counter drugs, in the same display stand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes governing opening and selling photographs, mixed-storage and display photographs, and storage and display photographs of medicines with expiration of the use deadline;

1. Article 94 (1) 6 of the Pharmaceutical Affairs Act concerning facts constituting an offense, Articles 94 (1) 6, 48 of the Act on the Selection of Punishment, Articles 95 (1) 8, and 47 (1) of the same Act (the fact of storing and displaying medicines for the purpose of selling them, the fact of storing and displaying medicines for the purpose of selling them, and the fact of storing and displaying medicines and what are not medicines), the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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