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(영문) 서울북부지방법원 2020.11.17 2020고정1261

사문서변조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 17, 2018, the Defendant: (a) stated the date of issuance and number column of a prescription with a doctor D’s seal attached thereto as “A”; (b) the name “A”; (c) the name “A” in the patient column; (d) the number column of a prescription; (d) the number of days of giving a prescription with a doctor’s seal attached thereto; and (e) altered one prescription under the name of D, which is a private document on the rights and obligations of the Defendant, by putting the prescription in the form of a verification package that reads “1”; (e) the number of days of giving a prescription; and (e) the prescription in the form of a prescription, which is a private document on the rights and obligations of the Defendant as “30”.

Accordingly, for the purpose of uttering, the Defendant modified three copies of the prescription in the name of D, a private document on rights and obligations.

2. Around September 17, 2018, the Defendant, at “G pharmacy” located in the Seoul Southern-gu, Gangnam-gu, Seoul, issued and used the altered prescription, as described in paragraph (1), to pharmacists H as if the prescription was duly completed, and exercised three times as shown in the attached list-2.

3. On September 17, 2018, the Defendant, even though there was no entitlement to handle psychotropic drugs, did not make a prescription by modifying a prescription in the name of “ditrototy” containing “propatitis,” which is a psychotropic drug, as described in paragraph (1), and purchased and administered “ditrototy” in Seoul F on the same day by purchasing 30 days from “G pharmacy” located in Seoul F on the same day, and purchased 90 copies of “ditrototy” such as the attached list-2.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol I and each police suspect interrogation protocol C against the accused;

1. He/she requests the H to give an appraisal of his/her certificate;

1. Application of the Acts and subordinate statutes to photographs of seized articles by the defendant's hair copy;

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 231 of the Criminal Act (the points of alteration of private documents), Articles 234 and 231 of the Criminal Act (the points of uttering of private documents for alteration), narcotics, etc.;