의료법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below rendered a judgment not guilty on the ground that there was no proof as to the facts charged of this case, which affected the conclusion of the judgment by misapprehending the legal principles or misapprehending the legal principles on the facts charged of this case.
2. Determination:
A. Murder, Article 17(1) of the Medical Service Act provides that a doctor who directly conducted a medical examination or autopsy (hereafter in this paragraph, including a doctor working for a State agency in charge of autopsy only from the date of the final diagnosis) or a dentist or herb doctor, or a medical prescription (including a prescription prepared by a doctor or dentist in the form of an electronic document with a digital signature under the Digital Signature Act (hereinafter referred to as "electronic prescription"), hereinafter the same shall apply) shall not be issued to a patient (referring to a spouse, lineal ascendant or descendant, or spouse's lineal ascendant or descendant, or spouse's lineal ascendant or descendant), or a district public prosecutor (limited to an electronic prescription) of the district public prosecutor's office (limited to a written examination), who conducts a postmortem examination pursuant to Article 22(1) of the Criminal Procedure Act: Provided, That where a patient under medical treatment dies within 48 hours from the date of the final diagnosis and treatment, a medical certificate or certificate may be issued without further medical examination, and where a doctor, dentist or herb doctor who directly conducted a diagnosis or examination of a patient has violated the same Act.