beta
(영문) 전주지방법원 2017.11.03 2017노417

마약류관리에관한법률위반(마약)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the part of the facts charged in the instant case that the Defendant falsely entered the drug volume in the prescription for narcotics, if the nurse R does not meet the quantity of the listed narcotics in its actual number, or if the prescription appears to be false in preparation for the theft of the narcotics, then the Defendant believed and signed the nurse’s belief and signature without checking it daily in light of the business conditions, and did not know such false statement or instruct the nurse to make a false statement.

Therefore, although the defendant did not have the intention to commit the act as to the above facts charged, the court below found the defendant guilty of the above facts charged, there is an error of law by mistake.

B. The sentence of the lower court (an amount of KRW 5,00,000) that is unfair in sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) No medical practitioner handling narcotics, etc. as to the substance of this part of the facts charged, shall handle narcotics by making a false entry in the prescription stating the narcotics;

Nevertheless, on December 23, 2015, the Defendant, as the president of G Hospital located in the Kunsan-si F (hereinafter “instant hospital”), prescribed one ample-ample-ample-ample-ample-ample-ample-ample-ample-amp-lick-lick-pamp-pamp-lick-pamp-pamp-lick-pamp-pamp-pamp-lick-pamp-lick-pamp-lick-pamp-pamp-lick-pamp-pamp-lick-pamp-lick-pamp-lick-pamp-pamp-lick-pamp-pamp-pamp-lick-pick-pick-pamp-pamp-pick-pick-pick-pamp-pick-pick-pick-pamp-pick-pamp-pamp-pamp-pamp-pamp-p

B. The lower court also asserted the same content as the grounds for appeal on this part, and the lower court, based on the evidence in its holding, can be seen as follows.