The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: First, while the Defendant as a pharmacist and assistant pharmacist are in a pharmacy, the sales of over-the-counter drugs under the implied ratification by the Defendant, etc., and thus, it does not constitute a case where an unqualified person sells medicines. Although the Defendant exercised considerable care and supervision in order to prevent the sale of medicines by A, an unqualified person, the lower court convicted the Defendant as guilty of the facts charged, and second, even if not, the lower court’s punishment (700,000 won of fine) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles is acknowledged by evidence duly examined and adopted by the court below and testimony of the witness A of the trial, namely, that the person who directly respondeds to the customer at the time of the instant case and asked for the explanation thereof, and sold medicines to the customer without any attempt of the defendant or assistant pharmacistF, the defendant and F did not immediately listen to the customer's symptoms even through A, and accordingly, they did not completely give instructions to A as to what kind of gift is reasonable, how the method of taking medicines is, etc., so that the defendant or F did not sell medicines to the customer, to the extent that the defendant or F was unable to sell medicines to the customer directly or through the instruction of A, or was not in an imminent situation, and the defendant was not negligent in giving instructions and supervision over the sale of medicines of this case for two months after the fact that A sold medicines without the instruction of a pharmacist.

Therefore, the defendant is a pharmacy owner.