A. In light of the legal principles, the Defendant cannot be deemed to have violated the main sentence of Article 48 of the Pharmaceutical Affairs Act, since the Defendant provided only 5 of the two seals in one paper box (one paper sealed in 5 parts and 10 parts respectively), which were contained in one paper box, separately opened and provided 5 separate seals, and only intended to provide an appropriate amount in consideration of environmental issues, and thus, the Defendant cannot be deemed to have violated the main sentence of Article 48 of the same Act.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court, and the lower court found the Defendant guilty of the instant facts charged by specifying the judgment under the title “judgment on the Defendant’s argument” among the said judgment.

Article 48 of the Pharmaceutical Affairs Act provides that "no person shall sell drugs after opening a container or package sealed by a manufacturer or importer pursuant to Article 63, or a container or package sealed by an importer pursuant to Article 63, and Article 95 (1) 8-2 of the same Act provides that "any person who opens and sells a container or package sealed in violation of the main sentence of Article 48 shall be punished by imprisonment with prison labor or by a fine." Since the purpose of opening and selling the container or package is not demanded to be illegal, as long as the defendant opens and sells the package, it does not affect the establishment of crime even if the reason for opening and selling the package is alleged by the defendant, and ② Article 48 of the Pharmaceutical Affairs Act prohibits opening and selling the package, as pointed out by the defense counsel, the purport of prohibiting the opening and selling of the drug is impossible to know which the drug is originally opened and the use, efficacy, side effects, etc. of the drug is prohibited by mixing it with other drugs, and thus it is also prohibited from abusing the drug."