The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

1. The summary of the grounds for appeal is that the defendant, who obtained a pharmacist's license, sold drugs at the above pharmacy upon the request of B, who is the founder of the F pharmacy, and despite the fact that the defendant is a pharmacist working for the pertinent pharmacy under Article 44 (1) of the Pharmaceutical Affairs Act, the judgment of the court below which

2. Determination

A. The summary of the facts charged is a person who operates a “D Pharmacy” in Yangsan-si.

No person, other than a pharmacy founder or a pharmacist working for the relevant pharmacy, may sell or acquire drugs for the purpose of sale.

Nevertheless, at around 08:41 on October 26, 2018, the Defendant, at the “F Pharmacy” located in Yangsan-si E, prepared and sold medicines equivalent to approximately KRW 90 per day, KRW 34,100, and approximately KRW 7,000 as prescribed by the first doctor of H Hospital, to patients G who found their places, and KRW 7,000, respectively.

As a result, the Defendant sold drugs even though the Defendant is not a pharmacist working for the said “F Pharmacy” or “F Pharmacy.”

B. The lower court determined as follows: (a) comprehensively taking account of the prior meaning of “work” under Article 44(1) of the Pharmaceutical Affairs Act as well as the perspective of public health and sanitation, the issue of whether a pharmacist who works for the relevant pharmacy constitutes a “pharmacy” ought to be individually and specifically examined as to whether the pertinent pharmacy founder and the relevant pharmacist enter into a contract for temporary employment or delegation of operation of a pharmacy for a certain period and sufficiently affect the management and supervision of the pharmacy founder by taking into account all circumstances such as the relationship between the relevant pharmacy founder and the pharmacist; (b) the circumstance that a pharmacist, other than a pharmacy founder, prepared and sold medicines at the relevant pharmacy; (c) the period and frequency of preparation and sale; (d) whether a pharmacist, other than a pharmacy founder, established another pharmacy; and (e) whether a pharmacist