A. At the time of the occurrence of the grounds for appeal, K with a pharmacist's license was in a pharmacy dispensary, and Defendant B sold "TN" in accordance with the above K's instruction, but Defendant B directly sold the above medicine, and the judgment of the court below which found Defendant B guilty of the facts charged of this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. According to the evidence duly adopted and examined by the court below: (1) Defendant B, an employee of E pharmacy, sold at around 13:52, Oct. 4, 2012, 201 one disease in 1,50 won at the above pharmacy; (2) K does not appear in the video recorded at the time of the occurrence of the instant case, and K does not have the image or voice recorded; (3) during the police investigation, Defendant B worked from every week to every Saturday; and (4) from October 4, 2012, Defendant B sent out at 8:0 p.m.; (5) Defendant B’s phone call without any time-based instructions from the above pharmacist to participate in the instant case; and (4) Defendant B’s phone call without any time-based instructions from the above pharmacist’s instructions to participate in the instant case.