The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 5,00.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (in case of Defendant A: one year and four months of imprisonment; two years of suspended sentence in August; two years of suspended sentence in Defendant E’s imprisonment; two years of suspended sentence in April) are too unreasonable.

2. Considering the purport of the Pharmaceutical Affairs Act that strictly limits the qualifications of a pharmacist to improve national health, and that the purpose of the same Act that provides that a pharmacy may not be established unless a pharmacist is a pharmacist, all the Defendants have been punished for a violation of the Pharmaceutical Affairs Act. In particular, Defendant A committed a crime in collusion with Defendant B, C, D, and M during the period of suspended execution due to the same crime with the same content, and committed an additional crime with Defendant E during the period of suspended execution.

However, in light of the fact that all the Defendants denied the crime even before the court below, while recognizing the mistake of the first instance court, and showing the attitude of reflecting it, that all the Defendants are elderly, and that their health conditions are not good, and in the case of Defendant B and E, the motive for the crime is considered as stated in the court below's decision. In particular, Defendant E is considered as short-term that the period of crime does not exceed 2 months, and other circumstances that form the condition for sentencing as shown in the records and arguments, such as the circumstances after the crime was committed, character and conduct of the Defendants, family environment, etc., even if considering the aforementioned unfavorable circumstances, it is recognized that the sentence imposed by the court below against the Defendants is unfair because it changes the conditions for sentencing in the court below's trial, and it is so unfair.

3. According to the conclusion, the part of the judgment below against the Defendants among the defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.