The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to 1.5 million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment of the original judgment (the imprisonment for six months, the suspension of execution for two years, the fine of three million won, and the seized evidence 2 to 5) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the lower court applied Article 93(1) of the Pharmaceutical Affairs Act with respect to the facts constituting an offense as indicated in the lower judgment.

However, under Article 93(1) of the current Pharmaceutical Affairs Act (amended by Act No. 1314, Jan. 28, 2015; hereinafter “former Pharmaceutical Affairs Act”), Article 93(1) of the same Act (amended by Act No. 1314, Jan. 28, 2015; hereinafter “former Pharmaceutical Affairs Act”) provides that this Act shall enter into force on the date eight months have elapsed after its promulgation ( September 29, 2015); however, under the proviso of the same Article, the amended provisions of Article 93(1) shall enter into force on the date of its promulgation.

Since the current Pharmaceutical Affairs Act is enforced prior to the enforcement of the current Pharmaceutical Affairs Act, the current Pharmaceutical Affairs Act cannot be applied to the criminal facts of this case committed by the defendant, and Article 93(1) of the former Pharmaceutical Affairs Act (amended by Act No. 13114, Jan. 28, 2015; hereinafter the same shall apply) shall be applied.

In this respect, the judgment of the court below cannot be maintained.

3. As above, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 93(1)7 and Article 44(1) of the former Pharmaceutical Affairs Act concerning criminal facts; Article 93(1)7 of the former Pharmaceutical Affairs Act concerning the selection of punishment; Article 44(1) of the former Pharmaceutical Affairs Act; Article 93(1)