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(영문) 전주지방법원 2018.08.30 2018고정263

의료법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a doctor who operates the C Council member in Suwon-si, Suwon-si, and the nurse D employed by the above C Council member in relation to the defendant's work performed a medical act of administering H's nutritional values to four persons, including G, without doctor's diagnosis and prescription within the F Council member center, which is not a medical institution in Kim Jong-si, on January 9, 2018, and provided medical service at a place other than a medical institution.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made to I by the police;

1. On-site photographs, on-site photographs, on-site photographs, C council doctors and human resources for nursing;

1. Application of investigation reports (person in charge of nursing services for health and welfare father families and telephones);

1. Article 91, Article 87(1)2, Article 27(1) (the occupation of any medical practice other than those licensed) of the Medical Service Act concerning criminal facts, Articles 91, 90, and 33(1) (the occupation of any medical practice other than those licensed) of the Medical Service Act concerning criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. A significant number of members of the C Council established by the Defendant of the gist of the argument (29 hospitalization rooms, 10 staff members) was the Defendant, and the Defendant served as a principal in hospital management and medical treatment, and the nurse management related to the home nursing service was assigned to the J president and was given a comprehensive instruction of work.

The defendant, as a medical doctor, was careful not to perform medical acts beyond his/her own direction, and D was well aware that he/she should not administer medication without the direction or supervision of a person with more than 20 years of nurse experience.

The defendant could not at all have anticipated that D would perform a medical practice that d's d's d's d's d's d's d's d's d's d's d's d's d's d

Therefore, the defendant committed a violation of D.