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(영문) 인천지방법원 2017.12.22 2017고정2594

의료법위반

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the number of nurses of the E convalescent Hospital located in Nam-gu Incheon Metropolitan City D, and Defendant B is the director of the above hospital.

1. No defendant A medical person shall falsely prepare a medical treatment record, etc. or intentionally enter or revise any additional record differently from the fact;

Nevertheless, on January 29, 2017, the Defendant prepared an electronic duty register in the name of the above B, which is a doctor who did not treat the above F in the name of the above G, on the ground that the private person on duty, who was treated as a patient by being hospitalized in the above hospital, was unable to handle a computer due to the elderly, and thus, it is difficult for the Defendant to prepare an electronic duty register in the name of the above G.

Accordingly, the defendant prepares a false electronic medical record book.

2. Defendant B, at the above date and time, failed to prepare an electronic duty register in the name of the above G because the above G was unable to handle a computer due to the elderly age, and the above G was unable to prepare an electronic duty register in the name of the above G, and the above A knew of the fact that it was to prepare an electronic duty register in the name of the Defendant, not the above G name, and made it easier

Summary of Evidence

1. The Defendants’ respective legal statements (the second public trial date)

1. Each police statement made to H, G, and I;

1. Application of Acts and subordinate statutes reporting intention to apply for change of status of medical records;

1. Article 88 Subparag. 1 and Article 22(3) of the Medical Service Act, Defendant A who selects a fine: Article 88 Subparag. 1 and Article 22(2) of the Medical Service Act, Article 32(1) of the Criminal Act, Article 32(1) of the Criminal Act, the selection of a fine, etc.;

2. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)6 of the Criminal Act

3. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

4. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act