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All the judgment below is reversed.
Defendants are innocent.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts: Defendant A given specific instructions to Defendant B on the date stated in the judgment of the court below, and the process of selling medicine was conducted under the control of Defendant A.
Therefore, the judgment of the court below which found the Defendants guilty is erroneous in misconception of facts.
B. Unreasonable sentencing: The lower court’s punishment (one million won per fine) is too unreasonable.
2. Determination
A. The summary of the facts charged in the instant case is a pharmacist to establish the “F Pharmacy” in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B is an employee of the said pharmacy.
(1) No person other than Defendant B pharmacy founders (including pharmacists or herb pharmacists working for the relevant pharmacy) may sell drugs or acquire drugs for sale.
Nevertheless, at around 20:00 on November 14, 2013, the Defendant ordered customers G to kill their body, and sold over-the-counter drugs to 6,000 won without a pharmacist’s instructions for the sale of medicines. The Defendant sold over-the-counter drugs to 6,00 won without a pharmacist’s instructions for the sale of medicines.
(2) Defendant A sold drugs to the Defendant’s employees at the above date, time, and place, and committed a violation.
(b) the result of the reproduction of video CDs, made in the court of the court below, as evidence directly showing the facts admitted by evidence (A).
The contents are as follows:
(1) A person who has filed a report, entering the pharmacy in front of the direction of the person who has filed the report, has a defendant B, has a defendant A in his/her right side, and only one person who can be seen as a customer in front of the defendant A seems to be a person who appears to be a customer.
② The reporter refers to the case in which the Plaintiff immediately changed the body of Defendant B, and later, Defendant B taken the drug at the display stand, and taken the beverage at the hot house immediately next thereto.
3. The appearance of Defendant B is immediately following the 33th to 38 second.