The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. Fact-misunderstanding, misunderstanding of the legal principles (the violation of the Narcotics Control Act) did not have been notified by a doctor or a pharmacist that the stroke-m is included in D’s exemption, and the Defendant did not have been notified by the doctor or the pharmacist of the fact that the stroke-m is included in D’s license. Since the Defendant was provided with exemption from license in the past but did not have received such notification, there was no reason for the Defendant to believe that there was no risk of exemption from license prescribed by a pharmacist after receiving treatment from the doctor and there was no reason for recognizing that the Defendant’s act as stated in the facts charged does not constitute a crime.

that there is a justifiable reason to believe that such mistake is reasonable.

B. The sentence sentenced by the lower court (hereinafter referred to as 1,00,000 won) is too unreasonable.

2. Determination

A. The Defendant appears to have asserted a mistake of law as stipulated under Article 16 of the Criminal Act on the assertion of misunderstanding of facts and misunderstanding of legal principles.

Article 16 of the Criminal Act provides that his act of misunderstanding that his act does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there are reasonable grounds.

This does not mean simply the site of the law, but it is generally accepted that it does not constitute a crime permitted by the law in case of a general crime, but in case of a person's own special circumstance, it does not punish the person in a case where there is a justifiable reason.

The issue of whether there is a justifiable reason is whether or not an act is not aware of the illegality of one's own act as a result of a failure to do so even though it was possible to recognize the illegality of one's own act if the act had been made a serious effort to avoid this due to its intellectual ability because there was an opportunity to examine or inquire about the possibility of illegality of one's own act.