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(영문) 창원지방법원 밀양지원 2017.09.07 2017고단292
의료법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the director of a hospital that manages and supervises the overall operation of the hospital, such as the employment of the medical staff of the E hospital located in the D, the operation of the emergency room, etc. with C professional doctors, and Defendant B is a public official working for the public health doctor at the G health center in the G health center in the G public health center in the G.

Each medical person shall keep a register of medical treatment, etc. and record the matters and opinions concerning medical practices, such as the main symptoms, diagnosis and treatment of the patient, in detail, and shall not prepare a false register of medical treatment, etc. or enter or revise any additional record differently from the fact intentionally.

Defendant

A around February 11, 2016, a private person of public health employed Defendant B as a daily doctor on duty in an emergency room and made it possible for Defendant B to use his ID and password by inputting his identification and password on the computer program in an emergency room in which a medical device is prepared. Defendant B provided medical treatment to patients who were within the emergency room, and recruited Defendant A to prepare a false set of medical treatment as if Defendant A provided medical treatment by using the set of a medical device opened by Defendant A, as seen above.

The Defendants, according to the aforementioned conspiracys, in the emergency room between February 11, 2016 and February 12, 2016, from February 11, 2016 to February 05:00, in the above E hospital: (a) falsely prepares H’s vehicle for medical treatment in the emergency room in the name of Defendant A; and (b) from around that time, the Defendants prepared the vehicle for medical treatment in the emergency room by Defendant B in the name of Defendant A.

9. From 05:00 until 29. 05:00, a false record of medical treatment was prepared 29 times as shown in the annexed list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes to the suspect A, which was prepared during the presumption period of medical treatment at the hospital B E, to the suspect;

1. Article 88 and Article 22(3) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016; Act No. 14438, Dec. 20, 201); Article 30 of the Criminal Act (integrated) of the same Act; and the selection of each fine for a crime

1.Article 70(1) of the Criminal Code for the confinement of a workhouse.

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