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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, based on Defendant B’s implied or presumed instruction, sold to customers the same drug as indicated in the facts charged.
However, the lower court erred by misapprehending the fact that the lower court convicted the Defendants of the instant facts charged, thereby adversely affecting the conclusion of the judgment.
B. Each sentence (Defendant A: fine of 500,000 won, Defendant B: fine of 1.5 million won) declared by the lower court against the illegal Defendants in sentencing is too unreasonable.
2. Determination
A. Article 20(1) of the Pharmaceutical Affairs Act provides that a person, other than a pharmacist or herb pharmacist, shall not establish a pharmacy. Article 44(1) of the same Act provides that a person, other than a pharmacy founder or a pharmacist or herb pharmacist working for the relevant pharmacy, shall not sell drugs.
The legislative purport of the Pharmaceutical Affairs Act is to allow the sale of drugs by cancelling general prohibition only to pharmacists or herb pharmacists who are qualified through certain examinations (see Supreme Court Decision 98Do1967, Oct. 9, 198). In addition, the language and purport of the provision as well as to allow the sale of drugs by cancelling the general prohibition to those pharmacists or herb pharmacists who have qualifications through certain examinations (see Supreme Court Decision 98Do1967, Oct. 9, 198). In addition, for the proper selection and use of drugs, the phrase and purport of the provision are as follows: “To assist the purchasers of over-the-counter drugs necessary for the provision of information, such as name, usage and dosage, efficacy and effect, storage methods, side effects, mutual effects, etc., and to allow them to select necessary drugs” against the purchasers of the drugs, namely, “to assist them to select necessary drugs,” and the Pharmaceutical Affairs Act, with respect to pharmaceutical drugs, restricts the pharmaceutical or herb pharmacist’s guidance as necessary.