A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

A. The lower court’s sentence (20 million won, Nos. 1 through 17) of Defendant 2 is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable.

However, in light of the fact that the defendant was issued a summary order as a violation of the Pharmaceutical Affairs Act due to the sale of drugs at a place outside of a pharmacy, and then filed an application for formal trial and then sold drugs at a place outside the pharmacy in the same kind of law at the same time during the period in which the procedure of trial was in progress, as well as the fact that the crime is inferior due to the lapse of the period of use or the storage of medicinal materials not stating the period of use in the container, etc., the punishment imposed by the court below seems to be somewhat uneasible and unfair. Thus, the defendant's argument of unfair sentencing

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 94(1)8, and Article 50(1) of the former Pharmaceutical Affairs Act (wholly amended by Act No. 13655, Dec. 29, 2015; hereinafter the same shall apply), Article 95(1)8, and Article 47(1) of the former Pharmaceutical Affairs Act (wholly amended by Act No. 13655, Dec. 29, 2015; hereinafter the same shall apply), the relevant provision on criminal facts, the choice of punishment, and the choice of imprisonment, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;