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(영문) 서울서부지방법원 2012.05.23 2011고정512
의료법위반
Text

Defendant

B and C shall be punished by a fine of one million won.

The above Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is the nurse of the Mapo-gu Seoul Metropolitan Government General Health Examination Center, and the defendant C is the head of the above hospital.

1. Defendant B, on August 16, 2010, performed medical practice other than those licensed by the Defendant B, upon collecting samples for the self-satisfy test from the medical examination center at the above hospital’s comprehensive health examination center on a medical examiner G to be directly performed by the physician.

2. Defendant C, at the above date and place, performed the Defendant’s non-licensed medical practice as above in relation to the Defendant’s business.

Summary of Evidence

1. Each legal statement of the defendant B and C

1. Statement A of a witness in the fourth trial record;

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

1. A written accusation;

1. Application of the Acts and subordinate statutes to the accusation statement of H;

1. Article applicable to criminal facts;

(a) Defendant B: Article 87(1)2 and Article 27(1) of the Medical Service Act (Selection of Fines);

(b) Defendant C: Articles 91, 87(1)2, and 27(1) of the Medical Service Act (Selection of Fines);

1. The portion of not guilty under Articles 70 and 69 (2) of the Criminal Act (Defendant A);

1. Defendant A is a doctor in charge of the general health examination center of Mapo-gu Seoul Metropolitan Government F Hospital. Defendant A is a nurse of the above general health examination center, and the above health examination center is an average of 20 to 30 persons per day, and among them, there is a medical examination to be conducted directly by a doctor, such as the self-satisma test, and if there is such a prosecutor, Defendant A is required to conduct a medical examination directly. However, Defendant A is unable to conduct all of the medical examinations due to the hospital manpower circumstances. Defendant B performs counseling on the basis of the results of the medical examination conducted by the nurse, including Defendant B, etc., and provides the results of the health examination by placing seals necessary for the medical examination on August 16, 2010.

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