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(영문) 부산지방법원 2016.07.28 2016노1269
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (not guilty portion in the judgment of the court below) the Defendant took a stroke for the purpose of abuse by double prescribing stroke, etc., which is a local mental medicine, and received treatment by deceiving his will as if he was C, and was issued a prescription under the name of C by his doctor. Although the Defendant was actually showing symptoms, such as stroke and stroke, there was a stroke.

Even if a person received a normal medical treatment, he/she is determined to have a drug that could not have been prescribed by the doctor, and thus, cannot be deemed to fall under “the case of possessing a psychotropic drug after being administered by a medical practitioner handling narcotics, etc.” as prescribed by Article 4(2)1 of the Narcotics Control Act (hereinafter “Narcotic Control Act”).

Nevertheless, the court below rendered a judgment not guilty on the violation of the Act on the Control of Narcotics, Etc., and the judgment below erred by misapprehending the legal principles on the Control of Narcotics, etc. Act.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unhued and unfair.

2. Judgment on the misapprehension of legal principles

(a) No person, other than a narcotics handler, may administer a psychotropic drug;

Nevertheless, on March 2, 2009, the Defendant: (a) obtained a prescription issued unlawfully as C’s resident registration number from “L pharmacy” located in Seo-gu, Busan; (b) was administered in a stroke 15 manner at a stroke mm containing the stroke m, which is a local mental medicine; (c) around that time, the Defendant administered the said stroke in the manner of drinking with water at a stroke m, which is located near Seo-gu, Busan; and (d) from around the above date to April 16, 2015, the Defendant administered the said stroke 3,429 method, such as a stroke stroke, which is a local mental medicine, prescribed at a total of 101 times as shown in the list of crimes in the attached Form (2).

B. The lower court’s judgment determined as follows.

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