1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

1. Summary of grounds for appeal;

A. 1) misunderstanding of facts and misunderstanding of legal principles with respect to drugs that correspond to G and N does not contain more than two ingredients, but only one component is included, and thus does not constitute “manufacture.” 2) The Defendant, at the patient’s request, manufactured drugs as a business since he received only support payments and delivered the drugs.

such sale shall not be deemed to have been made.

3) A large number of patients who have been treated as a medicine received from the Defendant were actually completely cured, and the medicine delivered by the Defendant to the patients does not harm their lives and health. As such, the instant act by the Defendant constitutes a justifiable act. B. Even if the facts charged of the instant case on unreasonable sentencing are found guilty, the lower court’s punishment (one and half years of imprisonment) is too unreasonable.

2. Determination

A. 1) In light of the legislative purpose and purport of the Pharmaceutical Affairs Act, and the contents and purport of Article 2 subparag. 4 of the Pharmaceutical Affairs Act that defined a drug, the term “pharmaceutical” under the Pharmaceutical Affairs Act includes both the use for the purpose of diagnosing, treating, alleviating, treating, or preventing human or animal diseases, other than the use by the Korean Pharmacopoeia, or the use for the purpose of exerting pharmacological influence on the structure and function of human or animal. Thus, regardless of the efficacy in the pharmacological action, the term “drugs” under the Pharmaceutical Affairs Act includes its component, shape (container, packing, packing, design, etc.), name, regardless of the efficacy in the pharmacological action, and the purpose of the use indicated, efficacy, effect, efficacy, dosage, volume, publicity, or explanation at the time of sale, where it is recognized as being used for the above purpose or claimed as having efficacy (see, e.g., Supreme Court Decision 201Do1429, Jan. 15, 2004).