사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Of the facts charged in the instant case.
1. Summary of grounds for appeal;
A. In relation to the violation of the Act on Special Measures for the Control of Public Health Crimes (the manufacture of illegal drugs), since melting drugs is not a medicine, it is not necessary to obtain permission from the Commissioner of the Korea Food and Drug Administration for the manufacture and sale thereof. 2) In relation to the violation of the Food Sanitation Act, in selling melting drugs, the contents of the advertisement made by the Defendant constitutes permissible scope under the Food Sanitation Act and is not an advertisement that might lead to confusion with medicine.
B. The lower court’s sentencing (a 3 years of imprisonment, a fine of 400 million won, confiscation) is too unreasonable.
2. Judgment on misapprehension of legal principles
A. 1) In light of the legislative purpose and purport of the Pharmaceutical Affairs Act as to the violation of the Act on Special Measures for the Control of Public Health Crimes, and the contents and purport of Article 2 subparagraph 4 of the Pharmaceutical Affairs Act that defined drugs, the term "drugs" under the Pharmaceutical Affairs Act includes both those used for the purpose of diagnosing, treating, alleviating, treating, or preventing human or animal diseases other than those listed in the Korean Pharmacopoeia, or those used for the purpose of exerting pharmacological influence on the structure and function of human or animal. Thus, it is reasonable to view that their ingredients, shapes (containers, packaging, name, name, purpose of use indicated in the Act, efficacy, efficacy, efficacy, capacity, publicity or explanation at the time of sale to the general public, regardless of the efficacy in the pharmacological action.
Supreme Court Decision 2001Do1429 Decided January 15, 2004 see, e.g., Supreme Court Decision 2001Do1429 decided Jan. 15, 2004. However, the following facts recognized by the court below based on the evidence duly adopted and investigated