The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The act of pharmacy employees B, who combine the drug in accordance with a prescription of misunderstanding the facts or misunderstanding the legal principles, is a simple mechanical work, and was done in a situation where the preparation for preparation for preparation of drugs could be directed and supervised by the defendant. Since the defendant confirmed whether the drug was distributed normally and delivered the drug to the patient after completing the guidance, the court below convicted him of the facts charged in this case even though the above act cannot be deemed as falling under subparagraph 2 of Article 1 of the Pharmaceutical Affairs Act. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal principles, the relevant provisions and the main text of Article 23(1) of the Pharmaceutical Affairs Act provide that no person may prepare drugs, other than pharmacists or herb pharmacists. Article 2(11) of the same Act provides that “preparation of drugs” means preparing drugs for the purpose of treating or preventing a specific disease of a specific person according to a specific usage, by mixing at least two drugs according to a specific prescription or dividing one medicine into a certain quantity, according to a certain prescription.”

Although a pharmacist did not prepare medicines on his/her own hand and had an employee make medicines by mixing them, if it is merely a mechanical use of his/her employee, he/she may be deemed to have prepared the medicines on his/her own.

However, considering the various circumstances, such as the relevant regulations of the Pharmaceutical Affairs Act, concerns over infringement on national health, possibility of weakeninging accidents, etc., the "act of preparing employees according to the directions of a pharmacist" is directly a pharmacist's own.