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(영문) 서울서부지방법원 2017.06.15 2017고단1157
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 29, 2016, the Defendant altered private documents: (a) around D, near D and near D located in Eunpyeong-gu Seoul Metropolitan Government on September 11:0, 2016; (b) in order to purchase strokes, a strokes; (c) in the column of prescription prescription issued by D and Medical Doctors E, the Defendant altered the said prescription, which is a document of another person’s document, by arbitrarily sealing the seals under the name of D and affixing seals to the total number of medications; (d) “1 and 1”; and (e) in the number of administrations per day; and (e) “30” of the said “30”.

2. On September 29, 2016, the Defendant, at G pharmacy located in Eunpyeong-gu Seoul, Seoul around 13:30 on September 29, 2016, issued the altered prescription to the said pharmacist as if the said pharmacist was a genuine doctor’s prescription.

3. A defendant who violates the Act on the Control of Narcotics, etc., even though he/she is not a narcotics handler;

9. On September 29, 2016, at around 13:30, the Plaintiff received a stroke 30 stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke s

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written appraisal of each drug;

1. Copy of prescription;

1. Monthly trends in narcotics;

1. Application of Acts and subordinate statutes to reporting internal investigation;

1. Relevant Article of the Criminal Act and Article 231 of the Criminal Act (the point of altered private documents, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (the point of exercising altered private documents, the choice of imprisonment), Articles 61(1)5 and 4(1)1 and subparagraph 3 (d) of Article 2 of the Narcotics Control Act (the point of exercising altered private documents, the point of choosing a punishment by imprisonment), the selection of punishment by imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations according to the sentencing guidelines) of theO for the first crime (the alteration of private documents) of the Act.

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