The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendants shall be the president of Yangcheon-gu Seoul Metropolitan Government C Council members located in B and 2.

No person other than a doctor who directly engages in the medical service, and has conducted a diagnosis or examination, shall prepare a prescription and deliver it to the patient.

Nevertheless, the defendant found the mother of the patient D, and "the patient will be treated by taking a dangerous action after drinking the patient," and the patient's prescription is likely to lead to a contingency accident if he/she fails to prescribe the defective medicine.

6. 27. At the above hospital, the hospital issued a prescription for the patient E without directly treating the patient D over seven times, and issued the patient E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Application of the Yangcheon-gu Public Health Center Acts and subordinate statutes;

1. Article 89 of the Medical Service Act and Articles 89 subparagraph 1 and 17 (1) of the same Act concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Judgment on the assertion of Defendant and defense counsel under Article 59(1) of the Criminal Act of the suspended sentence

1. The summary of the assertion is that the defendant issued a prescription upon the request of the guardian who complains of danger and pain due to the hospitalization and refusal of treatment of the patient of this case, which had been treated and prescribed by the previous defendant, so this constitutes a justifiable act or the defendant did not have any awareness of illegality.

2. Determination

A. As to the assertion that an act constitutes a justifiable act, Article 20 of the Criminal Code provides that "an act under the laws or regulations, or an act that does not violate social rules, shall not be punished." However, what act is justified, and the illegality should be avoided reasonably, as specific cases, and therefore, a justifiable act shall be justified.