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(영문) 부산지방법원 2013.10.14 2012고정2474
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a nurse of the D Hospital located in Busan Dongdong-gu C.

A medical person shall prepare medical records, etc. and enter the matters and opinions concerning his/her medical practice in detail, and preserve them.

1. On October 21, 201, the Defendant violated the Medical Service Act, at around 11:00 on October 21, 201, instructed Nonindicted Party E, a woman in child delivery room at the 7th floor of the pertinent D Hospital, to administer the penttoto, which is an induced delivery facilitation system, to proceed only with the inducement under the direction of F, a doctor in charge, and did not record this in the nursing log even though the Defendant administered the metooto.

2. Around 14:15 on the same day, the Defendant: (a) taken a call from the nurse’s 7th floor of the above D Hospital to the effect that an embryo bee and here and here and dynamic test records were weak; (b) was examined; and (c) was damaged by a nurse in charge from 15:52 to 16:15 in order to conceal the state of the fetus in a careful manner, the dynamic test records between 15:5 and 16:15 in the tear.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. Statement made by the witness J in the second protocol of trial;

1. Statement made by witnesses G in the third protocol of trial;

1. A protocol concerning the examination of the accused by the prosecution;

1. The second police interrogation protocol against the accused;

1. Statement of each police statement against J, K and L;

1. A copy of each protocol of examination;

1. Entry of nursing records and application of existing Acts and subordinate statutes;

1. Article 90, Article 22 (1) of the Medical Service Act (a point where the fact of medication is not entered) and Article 366 of the Criminal Act concerning a crime;

1. Selection of a fine for the crime of causing property damage, etc.;

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

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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