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(영문) 대전지방법원 2019.10.17 2019고단1877
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant is not a narcotics handler.

On April 20, 2018, the Defendant: (a) obtained medical treatment as if he/she were D; and (b) obtained a prescription of ethyl 10 meters in the lux method; (c) purchased a prescription issued by the “F Pharmacy” on the second floor of the hospital’s building at Daejeon-gu and the Defendant’s residence; (d) purchased the said 21mm of ethyl he/she used the said 21m in water together with water; and (e) administered ethyl 10mgs during four times from that time until July 17, 2018, as indicated in the attached list of crimes, the Defendant administered ethyl 10mgs during the period from that time.

2. The Defendant violated the Resident Registration Act: (a) stated the date, time, place, name and resident registration number of D in the written application for medical treatment at the place, and entered him/her in the written application for medical treatment as if D and received medical treatment; (b) continuously purchased ethyl oxide 21 from “F pharmacy” located in the pertinent hospital with a prescription issued by the said council member; and (c) unlawfully used another person’s resident registration number for four occasions from around that time to July 17, 2018, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution against C;

1. The application of Acts and subordinate statutes to materials concerning pharmaceutical products and prescriptions with regard to 10 g of 10 meters in the tea of internal department, and on the website of the Ministry of Food and Drug Safety;

1. Relevant laws concerning facts constituting an offense, and Articles 61(1)5, 4(1)1, and 2 subparag. 3 (d) ( point of administering psychotropic drugs) of the Act on the Control of Narcotics, etc., subparagraphs 10 ( point of illegally using resident registration numbers) of Article 37 of the Resident Registration Act, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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