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(영문) 수원지방법원 2017.07.21 2017노1481
약사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor on the gist of the grounds for appeal, the lower court acquitted the Defendant of the facts charged even though the Defendant could be found to have manufactured drugs without complying with the medical prescription with dolus negligence.

2. Examining the judgment below in light of the evidence duly adopted and examined by the court below and, in particular, the fact that there was an economic interest in preparing “new Ethiopia” which was not entered in the prescription, or that there was insufficient proof of the fact that there was no inventory of “limited Ethiopia” listed in the prescription, etc., the court below is sufficiently acceptable to find the Defendant not guilty of the facts charged on the grounds as stated in its holding, and there was a violation of law by mistake of facts alleged by the prosecutor.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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