Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

The Defendant is a person who operates the C Pharmacy located in Kimpo-si, and around November 21, 2015, the employees of the above D, who were not pharmacists or herb pharmacists, sold two copies of over-the-counter drugs (over-the-counter drugs) and one beer school pentulul (outulululululululululul) to those who are not in the name of the above pharmacy.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the police interrogation protocol of the defendant (a list of 17)

1. Part of the protocol of interrogation of the police officer regarding D (list 8);

1. Written accusation and written statements (list 4), written confirmations, and registry of pharmacies (list 5);

1. Investigation report (List 22);

1. Application of Acts and subordinate statutes (list 6);

1. Articles 97, 93 (1) 7, and 44 (1) of the Pharmaceutical Affairs Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant did not actually engage in the sale of drugs due to the sales of the above over-the-counter drugs by D while the Defendant was taking care of the open interest in the preparation room at the time, face-to-face, or giving specific and clear instructions to D during the sales of the above over-the-counter drugs by D. However, the Defendant observed the circumstances outside the preparation room at the time and, as necessary, took part in the sales of drugs at any time. Moreover, D sold the above-counter drugs in light of his long-standing pharmacy experience and the Defendant’s reputation instruction as a pharmacist, and as such, D sold the over-the-counter drugs at the time and provided a medication guidance. Thus, D should be deemed to have lawfully sold the above-counter drugs

2. The Pharmaceutical Affairs Act provides that no person, other than a pharmacist or herb pharmacist, shall establish a pharmacy, and at the same time prohibits sales of drugs by a person, other than a pharmacy founder or a pharmacist or herb pharmacist working for the relevant pharmacy, in principle.

The purpose of the Pharmaceutical Affairs Act is to sell medicines to the public health.