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(영문) 대전지방법원 2020.11.26 2020고단3380
마약류관리에관한법률위반(마약)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

Criminal facts

The Defendant is a person who, from December 3, 2019 to February 21, 2020, worked as a nurse for an surgery nursing team at the hospital of Daejeon-gu.

1. At around 14:00 on February 20, 2020, the Defendant: (a) committed an act as if he were to prepare surgery; (b) opened a safe; and (c) cut off penta (100 mcg) 2 bottles (100 mcg) in total of the market price owned by the victim C, which was kept there.

2. Although medical personnel in violation of the Medical Service Act did not make false records or intentionally make any additional statement or revision differently from the facts, the Defendant stolen pentathro (100 cm) 2 disease as stated in the preceding paragraph at the time and place mentioned in the preceding paragraph, and stated that “The current status of the use of narcotics/flavoking drugs/flavokings on the day” was used for pentathro (100 cm) for patients E who had undergone the operation at the operating center on the day.

3. Around 18:00 on February 20, 2020, the Defendant violated the Act on the Control of Narcotics, Etc. (narcotics) used the pentton 200 cm, which is the narcotics stolen, for medication, in a female toilet with the fifth fifth floor of the above hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on suspect A's simple reagents inspection and maternity gathering photographs, such as a copy, etc. of the current status of use of each police protocol of the F, G, and H in the operation room for the written statement of each police station, narcotics/favoking, etc.;

1. Article 60 (1) 1, subparagraph 1 of Article 3, subparagraph 2 (e) of Article 2, subparagraph 2 of Article 2 of the Act on the Selection of Narcotics, Etc. for Criminal Facts, Article 88 subparagraph 1, Article 22 (3) of the Medical Service Act, Article 329 of the Criminal Act concerning the preparation of a false medical record, Article 329 of the Criminal Act;

1. Probation under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders, Article 62(1) of the Criminal Act;

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