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Back分半顆安眠藥被判刑!三總護理官被撤職 法院命重新處分
分半顆安眠藥被判刑!三總護理官被撤職 法院命重新處分
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自由时报22 hours agoLaw3 min readChinaView translation

分半顆安眠藥被判刑!三總護理官被撤職 法院命重新處分

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三軍總醫院葉姓護理官因將自用安眠藥提供給友人使用,被判轉讓第四級毒品罪,軍方決議撤職並停止任用3年。最高行政法院認為軍方未實質考量個案情節,逕將撤職視為最低懲罰,違反比例原則,撤銷原處分並命三總另為適法處分,全案確定。

AI-generated summary

Why It Matters

葉男於2021年因失眠就醫取得安眠藥,將唑匹可隆及可那氮平各半顆提供給女性友人使用,被法院判轉讓第四級毒品罪3月定讞,得易科罰金。軍方後續決議撤職並停止任用3年,葉男提起行政訴訟,一審敗訴後上訴至最高行政法院。

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三總護理官失眠就醫取得安眠藥,竟將藥品提供給友人使用,被法院判刑,軍方決議撤職,最高行政法院認為,未實質考量個案情節,逕將撤職視為最低懲罰已違反比例原則,撤銷原處分。(情境照)

國防醫學院三軍總醫院葉姓護理官2021年因失眠就醫取得安眠藥,不料竟將藥品提供給友人使用,被法院判刑3月定讞;軍方後續決議撤職,並停止任用3年。葉男提起行政訴訟,一審敗訴後上訴;最高行政法院認為,軍方未實質考量個案情節,逕將撤職視為最低懲罰,已違反比例原則,撤銷原處分並命三總另為適法處分。全案確定。

判決指出,葉男於2021年4月11日將平時使用的安眠藥唑匹可隆、可那氮平各半顆,提供給一名女性友人使用;由於該藥品屬第四級管制藥品,若非基於醫學上合理使用,即屬第四級毒品;葉男後來因此犯下轉讓第四級毒品罪被最高法院判刑3月定讞,得易科罰金。

三軍總醫院知悉判決結果後,召開懲罰評議會,決議將葉男撤職,並停止任用3年;葉男不服提起訴願,國防部撤銷原處分,要求軍方重新處理;不料,軍方重新召開評議會後,仍決議撤職並停止任用3年;葉男因此提起行政訴訟,台北高等行政法院一審判決敗訴,葉男再上訴最高行政法院。

合議庭認為,軍方訂定的涉毒懲罰基準表,雖將志願役軍官、士官轉讓毒品列為撤職懲罰,但行政機關仍應依個案情節行使裁量權,不能直接將基準表所列的懲罰種類視為法定最低標準,更不能因此排除選擇其他較輕懲罰的可能性。

合議庭指出,從軍方第三次懲罰評議會的會議紀錄可見,當時有委員詢問評議會究竟有多少裁量空間,承辦人員卻表示,只要涉及轉讓毒品,不論一級至四級,志願役軍士官原則上都應撤職,且不會低於此標準;顯示軍方實際上將撤職視為最低懲罰,委員只能決定停止任用的年限,並未真正考量是否有採取較輕懲罰的空間。

合議庭也考量,葉男提供的藥品是自己因失眠就醫取得,數量僅唑匹可隆及可那氮平各半顆,目的是讓女性友人助眠,並未收取任何對價,也不是反覆轉讓、向不特定人散布或藉此營利。加上葉男復職後,直屬主管曾在評議會中表示,他在臨床照護工作表現良好,對病人認真負責,也未因本案在單位內造成具體的領導統御或軍事紀律問題。

合議庭認為,葉男的行為仍具有相當可責性,軍方為維護軍紀,對涉毒行為採取較一般人民嚴格的懲處標準,也有正當目的;但軍方未針對本案情節,具體說明為何較輕的懲罰不足以維護軍紀,便直接核予撤職並停止任用3年,已構成裁量違法,也不符合比例原則,因此撤銷原判以及原處分,要求三軍總醫院另為適法處分,全案確定。

What to Watch

AI outlook — possibilities, not facts

  • 三軍總醫院將依法院指示另為適法處分,可能採取較輕的懲罰

    Likely · Within weeks

Open Questions

  • 三軍總醫院另為適法處分後,葉男最終會受到何種懲罰?
  • 葉男是否會復職繼續擔任護理官?

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