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(영문) 전주지방법원 2016.08.11 2016노348

수의사법위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendants, upon the customer’s request, misunderstanding of the legal principles, aided the preventive vaccination in a way that the customer puts the pet to the pet animal, and helps the customer to take preventive vaccination. Since the Defendants’ misunderstanding of the legal principles, upon the customer’s request, injected the pet animal into a white part, the Defendants treated the pet animal.

It is not possible to do so, and there was a sale of Whites, a medicine, because they merely purchased Whites by proxy at the request of the victims, and the defendants did not gain profits.

shall not be effective.

Nevertheless, the judgment of the court below which found the Defendants guilty is erroneous by misapprehending the legal principles or misapprehending the legal principles.

B. The punishment of the lower court against the Defendants (a fine of one million won, a fine of one million won, a fine of one million won, a fine of one million won, and a fine of 500,000 won, respectively) is too unreasonable.

2. The following circumstances, i.e., ① a person who was the principal agent of an pet animal, recognized by the lower court by comprehensively taking account of the evidence duly examined and adopted by the lower court as to the assertion of mistake

J and K have arbitrarily visited the pet house of this case and requested preventive vaccination, and prior to the visit, they will give preventive vaccination to the Defendants.

In the notice, the Defendants did not request for the designation of a specific medicine, ② The above J and K requested the Defendants to contact with the preventive vaccination at the time of the instant case, ② the use of the medication used for preventive vaccination at the time of the instant case, ③ the Defendants used the medication already prepared in tin to prevent the pet animals of J and K, ④ the designation of the kind, capacity, and the parts of the medication used for the preventive vaccination at the instant time, ④ the Defendants are not J or K, ⑤ the process of the preventive vaccination at the time of the instant preventive vaccination, and the Defendants injected the medication at the skin, and then stick the skin directly into the skin.