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(영문) 청주지방법원 2016.12.2.선고 2016고정870 판결
의료법위반
Cases

2016 High Court Order 870 Violation of Medical Service Act

Defendant

1. A;

2. B

Prosecutor

Jins, stuffed leaves, and public trial

Defense Counsel

Law Firm C (private ships for all of the defendants)

Attorney in charge D

Imposition of Judgment

December 2, 2016

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Criminal facts

Defendant A is an assistant nurse of the Department of Mental Health in Young-gu, Young-gu, Cheongju-si E, and Defendant B is a doctor who operates the above member.

1. A person who engages in Defendant A’s medical service and directly conducted a medical examination may not issue a prescription to the patient. Around December 14, 2013, the Defendant issued a prescription to three persons, such as F, G, H, etc., within the instant department of mental health and medicine, with the f, G, and H, in which the B was influenced.

2. Defendant B

The defendant, at the same time and place, had A issue the above prescription with respect to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of the police statement to I;

1. A written accusation, accusation, records of outpatients, medical records, register of establishment of medical institutions, and statement of medical care benefit costs on offenders of the Medical Service Act;

Application of Statutes

1. Article applicable to criminal facts;

Defendants: Defendant B of Articles 89 and 17(1) of the Medical Service Act: Article 91 of the Medical Service Act

1. Selection of punishment;

Selection of each fine

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of sentence;

Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2008) (see, 201; 200Da14488, Feb. 29, 200; 200Da14888, Feb. 22, 201) for the convenience of the patient who visited the hospital at a time to receive the same prescription as that of the previous hospital for the purpose of providing free medical services to the elderly with the dementia by visiting the hospital one week as a commission of the JD Medical Center; 3).

‘‘(50,000 won per day of detention in a workhouse), or above the defendant B (two million won per fine and one hundred thousand won per day of detention in a workhouse), shall be determined as above in the Disposition.

Judges

Judges Kim Gin-soo

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