약사법위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. In the case of an oriental medical doctor who can prepare an oriental medicine product by mistake of facts and misapprehension of the legal principle, it shall be deemed that he can directly sell the oriental medicine system manufactured according to the oriental medicine principle.
In addition, the medicine of this case is a kind of oriental medicine product manufactured in accordance with the principle of oriental medicine as a kind of water wave. The act of oriental medicine doctor's act of selling medicines to patients by informing patients of the fact that they go at home is practically the same as the act permitted in the Pharmaceutical Affairs Act, that is, the act of oriental medicine doctor's direct opening to return. Thus, the judgment of the court below is erroneous in the misunderstanding of legal principles or
B. The lower court’s sentencing (fine 300,000) is too unreasonable.
2. Determination
A. Regarding the assertion of misunderstanding of facts and misapprehension of legal principles, even if he was prepared according to the principle of oriental medicine, Hegel sold by the defendant is classified as a general drug; under the current system where the herb pharmacist system and the pharmaceutical distribution business is in force, only a pharmacist or herb pharmacist may open a pharmacy and sell medicines; it is impossible for a pharmaceutical company to directly open the drug and sell the drug to the patient without opening the drug and selling it to the patient without opening the drug; under the pharmaceutical industry, the drug of this case was also issued a prescription for the patient to purchase at the pharmacy, there is no error of misunderstanding of facts or misunderstanding of legal principles in the judgment below convicting the defendant of the charges of this case.
B. As to the assertion on unfair sentencing, the Defendant has no record of punishment in addition to the instant crime, and the Defendant’s age, character and conduct, environment, and motive and circumstances leading to each of the instant crimes, even if not sentenced to punishment, may not be subject to the punishment again, and the circumstance where the Defendant would not have committed the instant crime.