The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (misunderstanding of facts), the statement protocol by the public official in charge, and each written confirmation prepared by the Defendants, all of the facts charged in the instant case can be recognized.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged while sufficiently explaining the grounds for its determination.

B. According to Article 2 of the Pharmaceutical Affairs Act, the term “dispensing drugs” means preparing drugs for the purpose of treating or preventing a certain disease for a specific person in accordance with the specific directions by mixing two or more drugs or dividing one medicine into a certain quantity according to a specific prescription. Article 23(1) and (4) of the same Act provides that, in principle, a person who is not a pharmacist or a herb pharmacist is prohibited from preparing drugs in an area where he/she has no pharmacy, he/she is allowed to directly prepare drugs.

In a case where a doctor directly prepares medicines as above, even if a doctor had a nurse or a nursing assistant without preparing the medicines at his/her own expense and had the nurse or nursing assistant prepare the medicines by mixing the medicines, if it is merely a mechanical use of nurses, etc., the doctor may be deemed to have prepared the medicines at his/her own expense.

However, in light of the purpose and purport of the pharmaceutical medicine business system to ensure that doctors and pharmacists take part in the role of treating patients and cooperate with each other in inspecting the contents of prescriptions and preparations so that they can identify the information on medicines prescribed by the doctor by preventing any unnecessary or erroneous medication and disclosing the prescription of doctors, the relevant provisions of the Pharmaceutical Affairs Act to achieve this, concerns over infringement on national health, and possibility of weakening accidents, etc., “the preparation of medicines by nurses, etc. according to the doctor’s instructions” is “the act of preparing medicines according to the doctor’s instructions.”