1. The judgment below is reversed.

2. The Defendants shall be punished by a fine of KRW 500,000.

3. The above fine shall be imposed on the Defendants.

1. The summary of the facts charged is that Defendant A is a pharmacist who operates a F Pharmacy in Tong Young-si, E, and Defendant B is a wife of Defendant A.

Defendant

B on January 28, 2014, around 14:30, at the Tong Young-si, sold to a person whose name is not known at the EF pharmacy, one sheet E, an over-the-counter drugs, one sheet E, and one luminous sugar.

Defendant

A, at the same time and at the same place, B, an employee of the defendant, had the defendant commit the above-mentioned violation.

2. In full view of the circumstances in the judgment of the court below, it is reasonable to view that Defendant A was in a dispensary where he was unable to see a pharmacy customer, but the contents of conversations outside the dispensary and the situation of the dispensary was practically controlled. Defendant B, not a pharmacist, may be deemed to have sold drugs under the implied or presumed instruction of Defendant A, a pharmacist, and accordingly, Defendant B was acquitted on the ground that the facts charged in the instant case constitute a case where there is no proof of a crime.

3. It is difficult to deem that at the time of the instant case, Defendant A was under a practical control over the marketing of drugs at a pharmacy.

In addition, examining the impact of the sales of medicines on national health and the process of selling Defendant B’s medicines, it is difficult to deem that Defendant A used Defendant B’s mechanically, and that there was an implied or presumed consent to the sales of medicines.

4. Judgment of the court below

A. The Pharmaceutical Affairs Act stipulates that no person, other than a pharmacist or herb pharmacist, shall establish a pharmacy (Article 20(1) of the Pharmaceutical Affairs Act), and also prohibits sales of drugs by a person, other than a pharmacy founder or a pharmacist or herb pharmacist working for the relevant pharmacy, in principle.

(Article 44(1) main text of the Pharmaceutical Affairs Act. The purpose of the above provision is to place the sale of drugs to the people's free will, since the sale of drugs has a significant impact on the national health.