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(영문) 창원지방법원 밀양지원 2017.11.30 2017고정79
약사법위반교사
Text

Defendants are not guilty.

Reasons

1. Defendant A is the doctor of the E Council member. Defendant B is the health staff of the E Council member. Defendant C is the careless doctor of the E Council member, Defendant C is the careless doctor of the E Council member. Defendant A is a space in a superior relationship with Defendant B and Defendant C, and pharmacists and herb pharmacists are not allowed to prepare medicines.

Nevertheless,

A. Defendant A’s teacher in violation of the Pharmaceutical Affairs Act served as the intention of a member of the Ethical group located in Gyeongnam-gun F from December 10, 2009 to December 14, 2009, and abetted Defendant B, who is not authorized and capable of preparing medicines due to health personnel (one license management personnel), to engage in the preparation of medicines from December 10, 209 to April 14, 2015, and abetted Defendant C, who is not capable of preparing medicines due to nursing assistants from April 10 to February 2017.

B. From December 10, 2009 to April 14, 2015, Defendant B, in violation of the Pharmaceutical Affairs Act, worked as E member’s health personnel (one license management personnel) in the above place, and prepared medicines in compliance with Defendant B’s instruction despite the lack of authority and ability to prepare medicines.

(c)

Defendant

C from around 2005 to around February 2017, Defendant C, in violation of the Pharmaceutical Affairs Act, prepared medicines from April 2015 to February 2017 under the direction of Defendant A, despite the lack of the authority and capacity to prepare medicines.

2. Determination

A. In a case where a doctor directly prepares medicines, even though a doctor has had a nurse or a nursing assistant without preparing the medicines at his/her own expense and made the medicines by mixing the medicines, if it is merely a mechanical use of nurses, etc., the doctor may be deemed to have prepared the medicines at his/her own expense.

However, doctors and pharmacists share their roles for patient treatment and prescribe and prepare each other.

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