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(영문) 서울서부지방법원 2020.12.10 2020고단2798
마약류관리에관한법률위반(향정)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is not a person handling narcotics, a doctor, a dentist, or a herb doctor who works as an assistant nurse from the “C Council member” located in Mapo-gu Seoul Metropolitan Government.

No person other than a person handling narcotics shall issue prescriptions for psychotropic drugs, and no person other than a doctor, dentist, or oriental medical doctor, who directly provides medical services, shall issue or dispatch prescriptions for psychotropic drugs to patients.

1. Around July 30, 2018, the Defendant: (a) issued to D a prescription stating 180 U.S.C. 180 U.D., including psychotropic drugs, to D, and received 20,000 won in cash in return, at the time until June 28, 2019, even though the Defendant did not directly undergo a medical examination from D’s doctor; (b) issued to D a prescription stating that the relevant psychotropic drugs include pentdimera nitrate ingredients; and (c) issued, from that time, a prescription stating 42 times in total, psychotropic drugs, as indicated in attached Table I, from June 28, 2019.

As a result, the Defendant issued a prescription stating psychotropic drugs even if it is not a person handling narcotics, and at the same time, issued a prescription to the patient even if it is not a doctor, dentist, or herb doctor who directly conducted a medical examination.

2. On July 2, 2018, the Defendant committed the instant crime against E: (a) issued and issued to E a prescription stating 56 UN forest 56 percent of psychotropic drugs, and received 10,000 won in return for the issuance of a prescription, which includes psychotropic drugs, even though he/she did not directly undergo a medical examination from the doctor; (b) around June 28, 2019, the Defendant committed the instant crime against E, at least 107 times in total, as shown in the Schedule II of Crimes.

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