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(영문) 서울중앙지방법원 2019.06.13 2018고단8502
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant of "2018 Highly 8502" is a person who has worked as an assistant nurse at the "C" hospital located in Gwangju-si B from 2010 to 2013.

The Defendant, due to stroke, was strokeing the limited quantity of psychotropic drugs (the name of the product “ethyl melt”; hereinafter “sethyl melting”), which were prescribed by the hospital, and did not resolve strokes by using another person’s personal information that the Defendant came to know at the hospital, etc. where he had worked as an assistant nurse, and intended to purchase a large quantity of ethyl ethyl melts and administer them.

1. Although a person violating the Medical Service Act was prohibited from detecting, leaking, altering, or damaging any personal information stored in an electronic medical record without any justifiable reason, the Defendant searched the medical record using a computer for business purposes installed in the above hospital to obtain the prescription of ethyl melting by using the patient’s personal information from the above hospital around July 2012.

In addition, from the above date to January 2018, the Defendant perused the electronic medical records of nine patients, such as D, at least nine times in total as shown in the annexed crime list (1) and discovered the personal information stored in the electronic medical record without justifiable grounds.

2. Although anyone violating the Resident Registration Act was prohibited from using another person’s resident registration number unlawfully, the Defendant, at around December 28, 2013, entered the application form for medical treatment filed by the “F branch” member located in Yeongdeungpo-gu Seoul Metropolitan Government E and the fourth floor, and entered the name and resident registration number of D that the Defendant came to know while working in the hospital C and continued to receive medical treatment as if the Defendant was D and continued to receive medical treatment. As such, the Defendant purchased ethyl 28 years at the G pharmacy located in the vicinity of the said Council member under the name of D that was issued by the said Council member.

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