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(영문) 서울북부지방법원 2013.03.21 2012노1625
약사법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Where an oriental medical doctor provides a prescription for a specific person after medical treatment and then makes the composition of medicinal herbs in accordance with the summary of the grounds for appeal, and makes a request to sugar materials for the purpose of sugar, the preparation of sugar shall also be made in accordance with the Pharmaceutical Affairs Act;

2. Determination

A. The summary of the facts charged is as follows.

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the first instance court, an oriental medical doctor C and F et al., after diagnosing and treating patients, and prescribing patients, the following can be acknowledged: (a) mixing and distributing medicinal herbss, such as saccines, saccines, saccines, raw milk, white saccines, saccines, saccines, patriums, patriums, and white saccines; and (b) requesting

C. (1) The lower court determined that: (a) herb drugs have special characteristics that risks of special attention to health and hygiene are less than those of other drugs; (b) it was a drinking method of herb drugs to put them in a bath in a medicinal substance; and (c) there was no specific restriction on the method of medication in a prescription because expertise itself was not required; and (b) in the case of herb drugs, direct preparation of medicine by herb doctors, etc. has been allowed until now; and (c) even though the Medical Service Act and the Enforcement Rule of the same Act provide the contents of “original sugar room” or “the raw sugar room where oriental medicine doctors or oriental medicine pharmacists are placed,” the lower court rendered a judgment that the act of drinking water in a medication lawfully prepared by herb doctors is not permissible, and rendered a judgment of not guilty to the Defendant.

(2) The determination of the political party (A) is based on a specific usage by mixing two or more medicines or by sharing one medicine into a certain quantity according to a certain prescription.

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