(영문) 서울중앙지방법원 2018.11.28 2018고합889

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자간(%)

(영문) 서울중앙지방법원 2018.11.28 2018고합889

마약류관리에관한법률위반(향정)등

Text

Defendant

A Imprisonment of two years and fines of 3,00,000, and Defendant B’s imprisonment with prison labor of one year and six months, and Defendant C and Defendant D, respectively.

Reasons

Punishment of the crime

【Basic Facts such as Defendants’ Status】

1. Defendant A is a medical practitioner dealing with narcotics, etc. who opened and operated a medical institution with the trade name of “H sexual surgery” from Seoul, Gangnam-gu and the fourth floor from around April 1, 2015 (hereinafter “this hospital”).

2. Defendant C et al. employees of the Defendant C et al. hospital: (a) the deputy president and the head of the counseling office from April 1, 2015 to the head of the counseling office; (b) the representative, I, J, and K in charge of the management of funds and employees from around April 1, 2015 to April 1, 2015; (c) each of the “the operating room” from around April 1, 2015 to the head of the counseling office at the instant hospital from around October 2016 to the head of the counseling office at the instant hospital; and (d) the person who was employed as the head of the counseling office at the instant hospital from around March 1, 2016 to June 21, 2018 (hereinafter referred to as “patient employees”).

3. Defendant B, Defendant E, Defendant F and N, P, Q, R, S, and T (hereinafter “Habitual medications”) are not all persons who used the instant hospital.

[Criminal facts]

1. The joint crime committed by Defendant A and the employees of the hospital used propool, which is a local mental medicine, while conducting a simple cosmetic surgery, including radars, around the opening time of the instant hospital. Some customers showed symptoms of dependence on propool and addiction rather than administering a propool.

Accordingly, the employees of the hospital, including the Defendant A and the Defendant C, found the procedures to be performed for habitual medications, including B, from April 2018, and continued to administer propools continuously and repeatedly, but did not prepare a record of treatment to conceal this, or make a false record, while entering it in the integrated system for narcotics operated from around May 18, 2018, to omitted a report on the use of narcotics or make a false report thereon.

(a) Habitually administering propool for purposes, other than business.

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