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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), even if the defendant was sufficiently aware of the preparation of the charge arbitrarily instead of the charge, as stated in the facts charged, on the ground that the effect of the defendant was similar to that of the charge, the court below erred by misapprehending the facts and misapprehension of legal principles that found the defendant not guilty of the facts charged in this case due to the mistake
2. Determination
A. On July 25, 2016, the Defendant: (a) at D’s pharmacy located in Yansan-gu Seoul Metropolitan City, the Defendant: (b) changed “A 0.25mg of Albomi” as stated in the prescription issued by the D’s doctor F in Yan-gu, Yansan-si; (c) “A 10mmm of Albomi” without the consent of the doctor.
B. The lower court determined that Article 26(1) of the Pharmaceutical Affairs Act, the legal provisions applicable to the instant facts charged, is a provision that punishs intentional crimes, and thus, it cannot be punished for a violation of the aforementioned provision in a case where the Defendant made a simple mistake, and that the Defendant may be punished for a case where the Defendant made a preparation by intentionally modifying or modifying the medicine in the prescription.
On the premise of the record, the following circumstances, i.e., E-type surgery and doctor F, on July 25, 2016, prescribe “0.25 g”, which is effective in treating patients G with a mental disorder, once a day of July 25, 2016, for three minutes per day. ② The Defendant, a pharmacist, was in preparation of medicine upon receiving the above prescription that G brought, not at the request of G without a doctor, or after hearing G’s symptoms, etc., and at his own discretion. ③ Although the above prescription contains “0.25 g of Alphom,” the Defendant stated “0.25 g of Alphom,” instead of “0.25 g of Alphom,” and “10 g of 10 g of 00 g of 00 g of 00 g of 0.5 g of 15 g of 25 g of 0 g of 00 g of 0.5 g of 0 g of 0.