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Defendants are not guilty.
Reasons
1. The summary of the facts charged is that Defendant A is a pharmacist who operates the F Pharmacy from April 2005 to YI, and Defendant B is an employee in charge of computer work at the above pharmacy from April 2008.
Defendant
A knew that Defendant B was not a pharmacist, around January 30, 2012, around 14:25, around 2012, at around 14:25, Defendant B, while holding a prescription prescribed by G Hospital at the above F Contracting State, notified the patient H of four items, such as a prescription, such as estinine, Danul, tynaule, camping, and chinaule, to prepare four items, such as a prescription, at the above F Contracting State, and even if Defendant B is not a pharmacist, he provided the above drugs.
As a result, the Defendants conspired to prepare medicines in collusion with others.
2. The judgment of Article 23(1) of the Pharmaceutical Affairs Act provides that a person who is not a pharmacist or an oriental medical doctor shall not prepare medicines. Article 23(1) of the same Act provides that “The preparation of medicines shall be made for the purpose of treating or preventing specific diseases of a specific person according to the specific usage method by mixing not less than two medicines according to a specific prescription or dividing one medicine into a certain quantity according to a certain prescription.”
Although a pharmacist did not prepare medicines on his own hand and had an employee make medicines by mixing them.
Even if it is actually a mere mechanically employed employee, it can be said that the pharmacist directly prepared the drug.
However, in light of the purpose and purport of the above provisions of the Pharmaceutical Affairs Act, concerns over infringement on national health, possibility of occurrence of accidents caused by erroneous preparation of medicine, etc., if a pharmacist intends to legally evaluate “the act of preparing medicines by an employee according to a pharmacist’s instruction” as “the act of preparing medicines by a pharmacist’s own”, the pharmacist actually prepares medicines for employees.