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(영문) 인천지방법원 부천지원 2016.12.21 2016고정1234
의료법위반
Text

Defendant

A medical corporation shall be punished by a fine of one million won.

The amount equivalent to the above fine.

Reasons

Punishment of the crime

1. Defendant A is a New High Hospital (Branch Medical Foundation’s branch office) E and a nursing assistant affiliated to the F, located in 283-ro, Kimpo-si, Kimpo-si, Kimpo-si, 3, 283.

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

Nevertheless, at around 09:45 on June 10, 2016, the Defendant arbitrarily prepared and issued a prescription that contains medicine, such as the suppression of drinking and suppression, to G, who was a patient who was within the F of the above hospital, and who was a patient in the operation.

2. The defendant medical corporation is a corporation established for the purpose of establishing and operating medical institutions.

A, an employee of the defendant, committed a violation of the Medical Service Act in the same manner as described in paragraph (1) with respect to the defendant's business at the time and place described in paragraph (1)

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police officer in G; and

1. Application of the Acts and subordinate statutes to entries in medical expenses, account statements, receipts and prescriptions;

1. Relevant Articles 89 and 17 (1) of the Medical Service Act; Articles 91, 89, and 17 (1) of the Medical Service Act; Articles 91, 89, and 17 (1) of the Medical Service Act;

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

1. Defendant A of the suspended sentence: Article 59 (1) of the Criminal Act (one million won of a fine, one million won of a detention in a workhouse, and one million won of a day);

1. Determination as to the assertion by the Defendant medical corporation of the provisional payment order, the Korea Medical Foundation: The medical corporation of the Defendant under Article 334(1) of the Criminal Procedure Act, the Korea Medical Foundation, and the defense counsel

1. The asserted medical corporation, the defendant medical corporation, the race and medical foundation (a branch office; hereinafter "the defendant medical corporation"), and the defense counsel asserted that the defendant medical corporation did not neglect due care and supervision over the pertinent business in order to prevent such violation, while recognizing the issuance of the prescription of this case by the defendant A itself.

2. Determination.

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