The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the language and structure of the relevant provisions, the court below is just in maintaining the first instance court that acquitted the Defendant on the ground that the “manufacturer under paragraph (1)” under Article 31(2) of the Pharmaceutical Affairs Act is merely a person who has obtained permission for the manufacture of drugs and does not include a person who has not obtained permission for the manufacture of drugs. Thus, even if the manufacturer sells drugs manufactured by a person who has not obtained permission for the manufacture of drugs, it cannot be punished under Articles 93(1)10, 61(1)2 and 31(2) of the Pharmaceutical Affairs Act, and there is no error

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.