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(영문) 인천지방법원 2015.05.01 2015노187
약사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A sold medicines to customers in accordance with the mistake of facts and misapprehension of the legal doctrine, Defendant B’s implied instruction.

B. The lower court’s respective punishment (a fine of KRW 500,000) imposed on the Defendants is unreasonable.

2. Determination

A. The court below's assertion of misconception of facts and misapprehension of legal principles comprehensively adopted and examined the evidence as follows. ① The video taken by the reporter: (i) the content of selling 1 boxes (fire extinguishing agents) medicine to the reporter is taken; (ii) the pharmacist is not revealed in the screen; and (iii) the reporter does not have any attitude to look for a specific drug at the display of the drug at the reporter's request; (iv) Defendant B did not give implied instructions on the sale of the drug; (v) the reporter did not provide the client with advice or expert judgment by direct or indirect means in the absence of any confrontation with the customer; and (v) it is difficult to judge that Defendant B sold the drug in this case, a pharmacist's instructions, without considering the fact that Defendant B sold the drug in this case, could not be evaluated as having been identical to the pharmaceutical pharmacist's instructions, but it is difficult to judge that Defendant B sold the drug in this case.

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