약사법위반
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The mistake of facts is that Defendant B sold medicines to F under the direction of the management pharmacist H.
Defendant
A has fulfilled its duty of management and supervision by having Defendant B receive education to prevent the sale of the drug at ordinary times.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. Even if the Defendants were guilty of unfair sentencing, in light of the background and degree of the crime, etc., the sentence imposed by the lower judgment against the Defendants (each fine of KRW 300,000) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below and the trial court on the assertion of mistake of facts, in particular, according to the result of the verification of CDs of the party, the management pharmacist H can only recognize the fact that he had divided conversations with the defendant A at the time of the instant case, and it cannot be deemed that H had ordered the defendant B to talk about symptoms and prescribe any kind of medicine.
In addition, since Defendant A did not prevent Defendant B from selling drugs without a pharmacist’s instruction at the time of the instant case, it is difficult to view that Defendant A performed his duty of management and supervision.
Therefore, the court below's finding guilty of the facts charged of this case is just and there is no error of mistake of facts.
B. There are circumstances to consider the circumstances leading to the instant crime, F voluntarily withdraws the civil petition against the Defendants, and Defendant B has no record of criminal punishment exceeding the previous penalty or fine, etc.
However, the Defendants asserted that H’s instructions were made, and still denied the crimes, and thus, the Pharmaceutical Affairs Act prohibits the sale of medicines by those who are not pharmacists in order to protect the people’s health by preventing the misuse of medicines.