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(영문) 서울중앙지방법원 2020.06.16 2020고정412

의료법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

No person other than a doctor who directly engages in the medical service, and directly examines, shall prepare a prescription slip and deliver it to the patient.

The defendant is a person who operates the D Design Division in the Dongjak-gu Seoul Metropolitan Government building C.

Defendant requested E, who is a military doctor, (one year of imprisonment, two years of suspended execution, and two years of suspended execution, on November 7, 2019). From November 10, 2018 to January 26, 2019, E provided medical treatment from the above draft of the Defendant’s operation to the above draft of the Defendant’s operation, and agreed to prepare a prescription in the name of the Defendant and deliver it to the patient.

E on November 10, 2018, according to the above mother’s body, after directly diagnosing patients F at the above D’s clinic, the Defendant prepared a prescription in the form of an electronic document stating a digital signature under the Digital Signature Act stating “2 No. 100 per day” in the name of the Defendant, and issued F a prescription in the name of the Defendant to the patient 59 times in total, as shown in the list of crimes in the attached Table, from that time to January 26, 2019.

As a result, the Defendant, in collusion with E, prepared a prescription and issued it to the patient even though the Defendant did not have a direct diagnosis.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and prescription;

1. Article 89 subparagraph 1 of the Medical Service Act, Article 17 (1) of the same Act, and Article 30 of the Criminal Act concerning facts constituting an offense. Article 89 (Selection of Fine)

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.