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(영문) 부산지방법원 2014.02.21 2013노3508

의료법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not administer the Rototoo, and that there was no damage to the tatoo examination record book, and thus, the judgment of the court below which found the Defendant guilty of each of the facts charged in this case is erroneous in misunderstanding of facts, and even if it is not for domestic affairs, the punishment of the court below is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Regarding the first crime at the time of the original adjudication, ① the witness G made a statement to the effect that the defendant had not administered the leading delivery promotion system and recorded it in the nursing log to E under the direction of the police, ② L also made a statement to E in the police that he had given witness to the E inception of the leading delivery promotion system (Evidence No. 209 pages). ③ The defendant in the case of the above mother inception, ③ only a part of E inception was proceeding smoothly to the extent that it is not necessary to administer the proction. However, in the case of the E proction with the appraisal commission by the court of original judgment, M Hospital did not have any material to deem that the E proction was not necessary (in the event that the progress of the proction is inappropriate due to the lack of natural dust, it was not appropriate to proceed with the proction, and the defendant's assertion that the Eception was not sufficient to recognize the fact that the Eception system was administered by the doctor.

B. As to the crime No. 2 at the time of the original trial, ① When the wife of the person who had consistently been in force since the investigative agency up to the court below's trial, has consistently been faced with the inducement of delivery system, and the state of the person in the atmosphere, around 16:00 while the wife was in the atmosphere, and the nurse was unable to receive the nurse, the defendant was forced to receive the defendant, depending on the time prior to the examination of the records of the Taedong examination. The defendant who had been in the sick room, examined the records of the Taedong examination, and expressed his will.