The appeal is dismissed.

The grounds of appeal are examined.

Criminal facts have been proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court determined that the first instance judgment which found the Defendant guilty of the facts charged in the instant case was justifiable, and rejected the Defendant’s allegation of the grounds for appeal as to mistake of facts and misunderstanding of the legal doctrine

The grounds of appeal purporting to the effect that the lower court’s determination is based on such determination are nothing more than denying the lower court’s determination on the selection and probative value of evidence, which actually belongs to the lower court’s free judgment. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine related to Pharmaceutical Affairs Act, or by exceeding the bounds of the principle of free evaluation by violating logical and empirical rules, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.