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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 5,000,000.
Defendant
A does not pay the above fine.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding (the receipt of the Defendant A’s DNA medication, the receipt of the pentter, and the Defendant B) that the Defendants received psychotropic drugs from each other, and that Defendant A administered DNA farms and pentters respectively. However, the Defendants merely exchanged drugs held by each person for tea with no knowledge of the fact that the Defendants had a psychotropic substance such as a DNA or pentter.
Nevertheless, the court below recognized the defendants' criminal intent and sentenced the defendants guilty, and the court below erred by mismisunderstanding the facts.
B. The sentence imposed by the lower court on the Defendants (Defendant A: 6 months of imprisonment, 2 years of suspended sentence, 4 months of suspended sentence, 1 year of suspended sentence) is too unreasonable.
2. Determination
A. Defendant A’s DNA production, receipt and medication, pentter’s delivery, Defendant A was a nurse belonging to the E Hospital located in Seo-gu Incheon Metropolitan City, Defendant B was the head and employee of the above hospital, and the Defendants were not the authorized person handling narcotics.
1) Defendant A) at the above E Hospital around the summer in 2012, the Defendant received from B a set of psychotropic drug softs free of charge, and around that time, divers and divers were used together with water several times.
Accordingly, the Defendant received and administered a DNA solution.
B) At the above E Hospital around the summer in 2012, the Defendant received the penter’s penter’s penter’s penter’s penter’s penter’s gate free of charge to B. Defendant B (A) at the above E Hospital around the summer in 2012, the Defendant received the psychotropic drug’s penter’s penter’s penter’s penter’s flus, free of charge, from A around the summer in 2012. (B) At the above E Hospital around the summer in 2012, the Defendant received the penter’s penter’s penter’s penter’s penter’s flus, which is psychotropic drugs from A