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(영문) 인천지방법원 부천지원 2014.02.06 2013고단2704
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a result of stroke’s influorction, administered ethyl ethyls (strokes) which are psychotropic drugs by prescription at a hospital, but the effect of the administration cannot be seen by the daily dose prescribed at a hospital due to the occurrence of drug resistance. As such, the Defendant, by modifying the prescription of the hospital, failed to take the administration after receiving a large quantity of ethyl melts.

1. Each point of the alteration of private documents and the uttering of altered private documents;

A. On April 2, 2013, the Defendant issued, at C Hospital located in Gangnam-gu Seoul Metropolitan Government building 301, a prescription stating that “A doctor shall prescribe one time a day from the total number of days of medication” to the Defendant, at the request of the Defendant who increased the number of days of medication, the total number of days of medication of the said prescription was corrected to five days, and then, with the intention of exercising authority, the Defendant changed the total number of days of medication to 50 days in the form of “5” side of the total number of days of medication indicated in the said prescription using a verification color pen without authority.

Accordingly, the defendant modified a prescription in the name of D, which is a private document on rights and obligations.

B. On April 2, 2013, the Defendant: (a) around April 2, 2013, at the F Pharmacy located under the first floor of the building underground in Gangnam-gu Seoul, Seoul; (b) issued the altered prescription to G, who is aware of such alteration, as if it were a document duly formed.

2. On April 9, 2013, the Defendant issued a prescription to the effect that “I Hospital located in Kimpo-si, Kimpo-si, with the total number of days of medication, once a day of ethyl he/she prescribes one time a day of ethyl he/she” at the I Hospital located in Kimpo-si around April 9, 2013.

The defendant is authorized to exercise his authority to correct the number of days of medication in K near the I Hospital around April 9, 2013.

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