Defendant

All appeals filed by B, C, D, and Prosecutor are dismissed.

1. Determination as to Defendant C’s misunderstanding of facts and misapprehension of legal principles

A. The Defendant asserted that the instant multilateral medicine is a drug, and the Defendant asserted that all the herb drugs were influent with agricultural products and the distinction between the pharmaceutical products and the pharmaceutical products is ambiguous. As such, the instant multilateral medicine cannot be deemed a drug.

2) On this argument, the lower court determined that the instant multilateral herb drugs were manufactured through the process of inserting maul, raw meat, salk, salute, pathy, pathy, pathy, pathy, pathy, regy, galthy, tea-electronic, yellow, and fladry, etc., which were stored in the Korean herb standard book, and extracting them for a certain period of time. The fact that the instant multilateral herb drugs were packaged in the oriental medicine package and flabing in the oriental medicine box used in the oriental medicine bank, and sent them out to the oriental medicine bank name after sending them out, at the telephone conversation with the purchasing customers, the telephone counselor and the oriental medicine pharmacist consulted in detail about the health conditions of the instant oriental herb drugs, such as maul, raw milk, pathy, fladying, fladying, and flaging, causing the customers to mislead the relevant oriental medicine’ health condition and physical constitution effects, thereby preventing the decomposition effect of the instant oriental medicine.

The reason stated in its reasoning, such as the entry in the record, determined that the instant multilateral medicine was a drug on the basis of the circumstances recognized by the adopted evidence.

3) In light of the legislative purpose and purport of the judgment of this court, and the contents and purport of Article 2 subparag. 4 of the Pharmaceutical Affairs Act that define drugs, the term “drugs” under the Pharmaceutical Affairs Act includes both those used for the purpose of diagnosing, treating, alleviating, treating or preventing human or animal diseases, other than those listed in the Korean Pharmacopoeia, or those used for the purpose of exerting pharmacological influence on the structure and function of human or animal.