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(영문) 수원지방법원 2014.08.29 2014노1214
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Medical Service Act by Defendant A, C, and D (crimes 1 and 2), the lower court determined that: (a) the act of taking pictures at the same space where a doctor and a radiation company simultaneously conducts a medical examination and specific guidance; (b) the act of conducting a first-wave inspection by himself/herself without the presence or real-time guidance of Defendant C and D, a doctor, constitutes a violation of the Medical Service Act. However, the lower court’s judgment that the above doctor should both read and diagnose the images stored in a medium for the first-wave film taken by a radiation company and then the above doctor should be combined with the on-site diagnosis and diagnosis; (c) there is no medical basis for determining that the lower court committed a violation of the Medical Service Act, by stating that there was no further order by a manufacturer to take the first-wave examination of the inspector, and that, even if Defendant A’s instructions were found to have been given, the lower court did not err by misapprehending the legal doctrine on the act of taking pictures by a pharmacist, which is a violation of the Pharmaceutical Affairs Act.

B. The lower court sentenced each of the above Defendants B and D to the above Defendants: KRW 2 million and KRW 10 million.

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