Preparation of so-called preliminary preparation that a third party conducts a third party's act for the use of damp drugs for future treatment of patients may belong to the category of preparation of such drugs.

Even though it is not possible for a hospital pharmacist to make a mixture and distribution of subsidiary materials such as starchs into damp drugs without the purpose of treatment of a specific person, it is not possible to recognize so-called preliminary preparation technology in light of the unique characteristics of the use of damp drugs as medicine, and it is not possible to recognize so-called preparation of drugs in accordance with the preparation technology. The pre-preparation of drugs in order to use them for the future treatment of the patient according to the doctor's agreement to which the hospital belongs, which is a medical practitioner for the treatment of damp drugs, and the prescription, belongs to the category of preparation as a preliminary act of drugs.

Articles 6, 13, and 38 of the damp Medicines Management Act, Article 21 of the Pharmaceutical Affairs Act

1. A foundation and one other defense counsel Kim Young-il, Kim Young-ro

Prosecutor

Daegu District Court Decision 71No163 delivered on January 25, 1973

All appeals are dismissed.

The prosecutor's grounds of appeal are examined.

The judgment of the court below is 1954.7. From 190.7 to 100, Defendant 2 had a large number of time for the first medicines to all patients designated as a pharmacist of the Daegu Hospital (the head of the above medicine department). However, it is difficult for all patients to use the medicines, and there is a large number of time for the preparation and treatment of medicines, which is more than 10 times for the patients, and the doctors who have acquired the methods of medication frequently in a foreign country would claim improvement of the methods of medication. The number of medicines used for 10 to 40 to 0 to 44 to 1964 to 4 to 196 to 14 to 14 to 14 to 17 to 196 to 5 to 14 to 5 to 14 to 5 to 14 to 5 to 14 to 5 to 14 to 1 to 196 to 5 to 14 to 14 to 14 to 5 to 14 to 1 to 5 to 1 to 14 to me to me.

Pursuant to the judgment of the court below, the distinction between the manufacture and the preparation of medicines refers to the preparation of medicines that are recovered or not recovered before the medicine is performed for a certain work to meet the general demand and that is approved by the Minister of Health and Welfare, and the preparation of medicines refers to the preparation of medicines for specific legal use according to a specific doctor's specific prescription or using a kind of medicine (see Supreme Court Decision 66Do612 delivered on June 28, 196, Supreme Court Decision 67Do649 delivered on September 24, 1968). Thus, even if Defendant 2's specific treatment purpose is not for preparing medicines, it cannot be seen that the preparation of medicines is performed without preparing medicines by mixing with the subsidiary materials such as starch, etc. on the damp medicine for a certain work, and the preparation of medicines can not be seen as an act of preparing medicines for specific treatment of a specific person, as recognized by the court below, that it belongs to the category of the so-called preliminary doctor to use medicines for the treatment of another person's disease.

In this purport, the judgment of the court below is just and there is no error of law by misunderstanding the legal principles of the damp Medicines Management Act or the Pharmaceutical Affairs Act, as pointed out in the theory of lawsuit.

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

Justices Kim Young-chul (Presiding Justice)