약사법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) cannot be deemed to have individually instructed Defendant B to sell the two copies of this case at the time of Defendant A, and the two copies of this case sold by Defendant B, unlike the simple dambing link like gambling, are likely to cause side effects unless they are used in compliance with individual physical condition or disease, so if the selling act is placed at the citizen’s free will, it is difficult to deem that there is no risk in the national health. Thus, Defendant A, a pharmacist, together with his pharmacy, could not be deemed to have sold the two copies of this case under the implied presumption consent, and the judgment of the court below which acquitted the Defendants of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is a pharmacist who operates the “G pharmacy” in the Seoul Gwangjin-gu Seoul Special Metropolitan City F, and Defendant B is an employee of the said pharmacy.
(1) On May 15, 2013, Defendant B sold drugs to two customers who found the above pharmacy at KRW 2,00,00, 200, regardless of the fact that Defendant B was unable to sell drugs or obtain drugs for sale.
Shed Defendant A sold drugs in relation to the Defendant’s business at the above date, time, and place.
B. The lower court found the Defendant not guilty on the following grounds, on the grounds that the instant facts charged constitute a crime or a case where there is no proof of a crime.
(1) The record reveals the following facts.
㈎ 소위 ‘팜파라치’로 추정되는 손님(이하 ‘팜파라치’라 한다)이 공소사실 기재 일시에 위 약국에 들어갔고,...