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(영문) 춘천지방법원 강릉지원 2016.12.02 2016고단1400
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the above fine is not paid, one hundred thousand won shall be the one day.

Reasons

Punishment of the crime

The defendant is a medical practitioner handling psychotropic drugs, etc. at the outside of the Gangnam Hospital, and a person handling narcotics, etc. shall not issue a prescription for psychotropic drugs for any purpose other than his/her duties.

Nevertheless, on June 7, 2016, the Defendant was aware of the fact that he was addicted to the psychotropic drugs in the water exemption system, such as taking off all the psychotropic drugs for 20 days, which were prescribed on June 7, 2016, after being hospitalized in the above hospital (hereinafter referred to as the “Woo-si”). However, the Defendant accepted the Defendant’s request to prescribe and request additional exemption such as stroke-si and stroke-si.

Around 14:00 on June 14, 2016, the Defendant prepared and issued a prescription slip stating 12.5mg g 12,5m g 3, a psychotropic drug, as a prescription drug upon the aforementioned request from D at the examination and treatment room of Gangseo-si, the Defendant issued a prescription slip stating 12.5m g 42m g 1m g 3, or 0.5m g 21m g c.

As above, the Defendant issued a prescription stating psychotropic drugs for purposes other than business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the E, F, and G;

1. A written autopsy and appraisal;

1. A medical doctor’s watch in an emergency room, and a psychotropic drug management ledger;

1. Photographs of a summary bag;

1. Application of Acts and subordinate statutes to each investigation report and internal investigation report (as regards D's stroke drugs, CCTV verification of pharmacy drugs);

1. Article 61 (1) 7, Article 5 (1), and Article 4 (1) 3 of the Act on the Control of Narcotics, Etc. (Selection of a fine in consideration of reflectivity, the fact that there is no criminal history, the circumstances leading to the crime, the social, family environment, support relationship, etc. of the defendant for the crime);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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