Defendant

Prosecutor

Park Byung-chul

Attorney Kim Jong-hwan (Korean)

Daejeon District Court Decision 2004 High Court Decision 667 delivered on May 4, 2005

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

As to the definition of "drugs", Article 2 (4) 1 of the Pharmaceutical Affairs Act defines the definition as "drugs, which are listed in the Korean Pharmacopoeia and which are not non-pharmaceutical drugs." However, it is only one example, and medicines are used for the purpose of diagnosis, treatment, mitigation, treatment or prevention of diseases of human beings or animals regardless of their names or ingredients, or products used for the purpose of diagnosis, treatment, mitigation, treatment or prevention of pharmacological effects on the structure and functions of human beings or animals regardless of their ingredients, and thus, they constitute herb drugs. Therefore, even when a pharmacist prepares herb, he has the duty to prepare a preparation record book under Article 25-2 of the Pharmaceutical Affairs Act. Thus, the court below found the defendant not guilty. Thus, the court below erred by misapprehending the legal principles on the duty to prepare a preparation record book under the Pharmaceutical Affairs Act, which affected the conclusion of judgment.

2. Determination

The judgment of the court below which acquitted the defendant pursuant to the former part of Article 325 of the Criminal Procedure Act is just when examining the reasoning of the judgment below by comparing it with the records, and the prosecutor's assertion that there is an error of law by misunderstanding the legal principles as to Pharmaceutical Affairs Act, which affected

3. Conclusion

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Dok-man (Presiding Judge) Full-time correspondence