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(영문) 서울중앙지방법원 2015.02.09 2014고정4220
의료법위반
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the intention to operate the "E member" in Seocho-gu Seoul Metropolitan Government D.

Each medical person shall keep records of medical treatment, assistance in childbirth, nursing records, and other records concerning medical treatment, and shall record in detail the matters and opinions concerning medical treatment prescribed by Ordinance of the Ministry of Health and Welfare, such as the main symptoms of the patient, diagnosis and treatment of the patient.

1. From June 25, 2012 to July 14, 2014, the Defendant put his/her signature on 40 occasions at the medical examination and treatment room of the above member in charge of treating the above patient at a vehicle number 14644 (number 1464).

2. From September 20, 2012 to September 27, 2012, the Defendant, at the above clinic’s clinic, posted twice the signature of the doctor in charge of treating the above patient at the patient’s clinic number 14786 (number 14786).

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement and written confirmation of an accused public official;

1. A medical institution inspection table;

1. Application of Acts and subordinate statutes for medical treatment;

1. Article 90 of the Medical Service Act and Articles 90 and 22 (1) (including each paragraph of the facts of crime) of the same Act and the selection of fines for the crime;

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

1. The defendant and his defense counsel asserts as follows.

The legislative purpose of Article 22 (1) of the Medical Service Act is to clarify the responsibility for diagnosis, treatment, prescription, etc. of patients.

Defendant

Only the defendant has served as a doctor.

In addition, the defendant prepared electronic medical records concerning the same contents, and the electronic medical records contain the name of the defendant.

Therefore, the defendant is clearly responsible for the diagnosis, treatment, prescription, etc. of patients in the medical records.

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