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(영문) 창원지방법원 진주지원 2014.01.08 2013고단1092

의료법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a doctor operating a medical institution under the trade name of "F Hospital" on the 7th floor of Busan Jin-gu D Center located in Busan, and no medical certificate, certificate, or prescription shall be prepared and issued to the patient unless he/she has engaged in medical business and has directly conducted a medical examination.

From April 30, 2012 to July 9, 2013, the Defendant did not directly examine 18 inmates, such as G, etc., who are confined to the violation of the Narcotics Control Act, etc. (fence), in the Jin prison, etc., and issued a prescription for a total of 82 occasions as shown in the attached list of crimes, by having them carried them into prison through their family members or siblings, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement against H, I, J, and K;

1. G statements;

1. Each protocol and list of seizure;

1. A copy of seized materials and a medical record of prisoners;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 89 and 17 (1) of the Medical Service Act for the selection of punishment for a crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although it is not good for the Defendant to bring in psychotropic drugs to prison by issuing a prescription for a large number of inmates who did not directly examine the reason for sentencing under Article 334(1) of the Criminal Procedure Act, it is not good for the Defendant to be sentenced to a punishment heavier than the suspension of execution, considering the following circumstances: (a) the first offender committed a crime; (b) the Defendant appears to have arisen from the legal site of the Defendant; (c) it appears that the Defendant intentionally recruited several capitals for the operation of the hospital and issued a prescription for the purpose of operating the hospital; and (d) the amount of the charge that the Defendant acquired by the instant crime was about KRW 3.4 million for about 14 months, a doctor’s license is granted by sentenceing the Defendant to a more severe punishment than the suspension of execution.