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(영문) 청주지방법원 2016.12.02 2016고정870
의료법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a nurse's assistant nurse's of the department of mental health in the Heak-gu Seoul Metropolitan City E, and the defendant B is a doctor who operates the above member.

1. He shall not issue a prescription to a patient, unless he engages in the defendant A medical service and has directly conducted a medical examination;

On October 14, 2013, the Defendant issued a prescription to three persons, such as F, G, and H, in which the two parties wished to share B jobs at the above department of mental health.

2. Defendant B had A issue the above prescription with respect to the Defendant’s business at the same time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes of the specifications of medical care benefit costs, such as accusation, accusation, records of outpatients, medical records, medical institution establishment report register, and medical care benefit cost report register;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 89 and Article 17(1) of the Medical Service Act; Article 91 of the Medical Service Act

1. Selection of each alternative fine for punishment;

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

1. Article 59(1) of the Criminal Code of the Suspension of Sentence appears to have been followed by Defendant B’s order. Defendant B, as a commission of the J Medical Center, visited Defendant B at one week, and visited the hospital at one time to provide free medical services to the elderly at this hospital, for the patient’s convenience with the same symptoms as that of the previous patients who visited the hospital after having been given medical treatment at this hospital, and there is no time to wait for the same prescription as that of the previous patients, and there is a circumstance to consider the circumstances leading to the instant crime; this seems to have not occurred; Defendant B appears to have been engaged in volunteer activities even in K and L Medical Center; Defendant A appears to have been engaged in volunteer activities; Defendant A was an initial offender; the Defendants were divided in depth, and the Defendants did not repeat again.

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