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(영문) 대법원 2015.08.27 2015도2370
약사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The court below reversed the judgment of the court of first instance which acquitted Defendant A of the facts charged of this case, and found Defendant A guilty on the grounds as stated in its reasoning, on the grounds that Defendant A, a pharmacist, was not involved in the process of selling medicines of Defendant B, not a pharmacist, to the extent that he could give guidance on taking clothes, and also cannot be evaluated as selling under Defendant A’s implied or presumed instructions

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on relevant provisions of the Pharmaceutical Affairs Act, failing to exhaust all necessary deliberations

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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