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(영문) 창원지방법원 2013.11.29 2013고단2646
의료법위반
Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A around February 25, 2013, at the G Hospital located in Kimhae-si C, the above hospital used the name "a special hospital other than the President of the Republic of Korea" although it was not designated as a specialized hospital.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 90 and 42 (1) of the Medical Service Act for the crime concerned;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Part concerning rejection of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. Defendant B Hospital, the representative of Defendant B Hospital, committed an act identical to the facts stated in the judgment, at the same time and place as stated in the facts charged.

2. In light of the judgment, the prosecutor brought a public prosecution on this part of the facts charged by applying Articles 91, 90, and 42(1) of the Medical Service Act under the premise that the defendant B hospital is a juristic person. However, according to the records, the hospital B is not a juristic person. Thus, this part of the public prosecution is about a person who is incapable of being a party and its procedure becomes null and void in violation of the provisions of the Act. Thus, this part of the public prosecution is dismissed in accordance with Article 327

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