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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is that the Defendant obtained a pharmacist’s license on March 8, 2007, and opened a pharmacy in the name of “B pharmacy”.
A drug supplier, founder of pharmacy, etc., and other persons entitled to sell drugs pursuant to the Pharmaceutical Affairs Act shall neither sell drugs whose deterioration, change, contamination, damage, or effective period or use period has expired, nor store or display them for the purpose of sale, and shall damage or alter the containers or packages of drugs.
Nevertheless, around 10:28 on May 2, 2020, the Defendant displayed D Company “E” 7 A, which was up to May 16, 2020, and sold to customers KRW 3,000.
2. A person who commits a crime of negligence in judgment may be punished only where there are special provisions in Acts (Article 14 of the Criminal Act), and special provisions that punish a person who commits a crime of negligence in light of the nature of penal provisions shall be clearly and clearly clear and clearly stated.
(See Supreme Court Decision 83Do2467 delivered on December 13, 1983, etc.). Articles 95(1)8 and 47(1)4 of the Pharmaceutical Affairs Act, which are the criminal punishment provision at issue, and Article 62 Subparag. 2 of the Rules on the Safety of Drugs, Etc., which are applicable mutatis mutandis to the structure, form, and content of the provision, only an intentional crime on display or sale with the knowledge that the period of use has elapsed, may not be interpreted as a penal provision that punishs an offender through negligence.
Therefore, in this case, it is a question as to whether the defendant had intention to do so even with respect to the expiration of the use period of E (hereinafter “the instant drug”).
In order to have dolusent intent, there is a perception of the possibility of occurrence of crime, and furthermore, there is a internal intent to accept the risk of crime, and if the general public is based on the specific circumstances of the case, the possibility of occurrence of crime is assessed.