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(영문) 서울서부지방법원 2017.06.01 2017고정217
의료법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who is the president of the F Council in Mapo-gu and the fourth floor in Seoul, and the defendant B was a person who was working as a nurse for nursing in the same hospital.

1. No person other than the defendant B medical person shall perform any medical practice, and no medical person shall perform any medical practice other than that licensed;

Nevertheless, around June 21, 2016, the Defendant: (a) performed medical practice in excess of the nursing support service by dividing the part of hand hand of the rash equipment, which is a medical device, into the patient G’s weight, part of the patient G’s rash, arms, hand, etc.; and (b) carrying out launcing ray operation.

In this respect, the defendant was not a medical person, and performed medical acts other than those licensed.

2. Defendant A’s above date, time, and place, and as mentioned above, Defendant B, an employee of the Defendant, performed a maid procedure as above with respect to the Defendant’s business and performed a medical act other than those licensed by a medical person.

Summary of Evidence

1. The Defendants’ respective legal statements (the purport that Defendant B performed the marry operation using the marbr equipment under the direction of Defendant A)

1. Legal statement of witness G;

1. Application of a report on investigation (Attachment of the Alie Use Manual), one copy of the operating staff of the Alie, and a report on investigation (report on hazards related to Allie Medical Equipment) (report on hazards related to Alie Medical Equipment);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 91, 87(1)2, and 27(1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016);

B. Defendant B: Articles 87(1)2 and 27(1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016) (amended by Act No. 14438, Dec. 20, 2016)

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Determination as to the Defendants and their defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act regarding the provisional payment order

1. Paragraph 2 of Article 80-2 of the Medical Service Act of the gist of the assertion.

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