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(영문) 서울북부지방법원 2012.12.05 2012고정507
약사법위반
Text

The defendant is innocent.

Reasons

1. Facts charged;

(a) A person who is not a pharmacist or herb pharmacist of co-offenders with the defendant and C shall not prepare medicines;

Nevertheless, around July 201, C confirmed the health condition of the patient at Jongno-gu Seoul Metropolitan Council members, C, after checking the patient's health condition, prepared herb drugs, such as salutists, salutists, salins, salins, raw milk, white salins, salins, salins, salins, patris, and white salins.

Accordingly, the Defendant prepared medicines using the above herb drugs in a manner that makes it possible for a specific person to have a disease.

Accordingly, the Defendant conspiredd with C to prepare medicines without qualifications of pharmacist or herb pharmacist.

(b) No person, other than the co-principal or herb pharmacist of defendant and F, shall prepare medicines;

Nevertheless, around July 201, F is against the patient at the Harwon operated by the Gwangjin-gu Seoul Special Metropolitan City G.

After preparing medicinal herbs in the same manner as that of paragraph, it requested to make the sugar medication in the Epytha in the operation of the defendant who is not qualified for herb pharmacist.

Accordingly, the Defendant prepared medicines using the above herb drugs in a manner that makes it possible for a specific person to have a disease.

As a result, Defendant and F conspired to prepare medicines without qualifications of pharmacist or herb pharmacist.

2. Determination

A. Article 21(7) of the former Pharmaceutical Affairs Act (wholly amended by Act No. 8365 of Apr. 11, 2007) provides that when a herb pharmacist prepares herb drugs, he/she shall do so according to the prescription of herb doctors. The term "preparation of herb drugs" refers to the preparation of drugs for the purpose of treating or preventing a specific disease of a specific person in accordance with a specific usage by mixing two or more drugs according to a specific prescription or sharing one medicine into a certain quantity, according to a specific prescription.

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