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(영문) 서울북부지방법원 2018.11.21 2016고단5938
마약류관리에관한법률위반(향정)등
Text

Defendant

A A Fine of 20,00,000 won, Defendant B’s imprisonment for one year, Defendant C’s fine of 3,00,000 won, and Defendant D.

Reasons

Punishment of the crime

Defendant

A The director of the E mental health department as a psychiatrist, and the defendant B is the person working as the above member's guardian. The above member's assistant nurse, defendant C, and defendant D is the person working as the above member's guardian.

1. The sole crime committed by Defendant A;

(a) No medical person who violates the Medical Service Act (a false entry into a medical record book) shall make a false entry of records concerning medical treatment, including a medical record book, or intentionally add or modify any false entry into a medical record book;

Nevertheless, the Defendant entered the record book, etc. in a false manner, on March 4, 2015, on the following grounds: (a) although he/she knew that the said F was forced to make a long-time coercion while having almost little meals since his/her hospitalization and was administered with continuous drugs from March 3, 2015, he/she was unable to take away his/her body on his/her own, and carried out his/her body in the isolation room with a dust from the isolation room; and (b) on March 5, 2015, he/she made a false statement to the effect that he/she continues to engage in aggressive behavior regarding the F’s status on the “the place of progress” as of March 4, 2015 and “the place of progress” as of March 5, 2015.

B. No person other than a medical practitioner handling narcotics, etc. who violates the Narcotics Control Act and the Medical Service Act (the point of a non-licensed medical act) shall administer or provide narcotics or psychotropic drugs for the purpose of medical treatment or treatment of animals, or issue a prescription stating narcotics or psychotropic mental drugs for the purpose of medical treatment or treatment of animals, and no person other than a medical practitioner shall perform medical practice. Notwithstanding the fact that no person is able to do so, a private person who is not a medical practitioner of the above member's nursing assistant operated by the defendant shall do so. Around February 19:08, around 23:36, the above member's three-story isolation ward room with the third floor of the above member's three floors, without specific direction and supervision of the president A, who is a narcotics handler of the above member's three-story quarantine ward, put 4 g-g g-g of the narcotics, etc. into a psychotropic mental medicine and put the narcotics into the above F in a wrod 5-ghmm prescription, put the narcotics into the above F.

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