Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
No medical person shall prepare a false medical treatment record, etc. or intentionally enter or revise any additional record differently from the fact.
From January 15, 2017 to September 22, 2017, the Defendant served in the “D oriental medical hospital” located in Gwangju Mine-gu, Gwangju, and did not work in the said oriental medical hospital on February 14, 2017, and thus, the Defendant, despite that there was no fact of medical treatment, had a hospital staff F enter the patient E in the medical record book as if the Defendant provided the patient E, the Defendant had the hospital staff F enter the patient’s symptoms, examination, etc., and the date and time of medical treatment, and entered the medical record book in collusion with F in collusion with F from around that time to June 30, 2017, as shown in the list of crimes committed in the attached Table.
Summary of Evidence
1. The defendant's legal statement (as at the fourth public trial date);
1. Copy of the protocol concerning the examination of suspect concerning G to the prosecution;
1. Copy of each protocol concerning the examination of suspect of the police against F and H;
1. Application of Acts and subordinate statutes governing 1 to 5 evidential materials in violation of the Medical Service Act;
1. Relevant Article of the Act and Articles 88 subparagraph 1 and 22 (3) of the Medical Service Act for the selection of criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The suspended sentence under Article 62(1) of the Criminal Act does not directly treat the reasons for the sentencing, there are considerable number of times in which false medical records were prepared through nurses, and crimes were continued for a considerable period of time, considering the fact that the Defendant’s duty as a doctor and the principal part of the crime was committed easily and repeatedly due to the fact that relevant crimes, such as the operation of the so-called office hospital and the fraud of insurance, etc. were committed. However, considering the fact that the false medical records were relatively simple and repeated contents, other than a minor fine, the fact that the false medical records were relatively simple and repetitive, other than a minor fine, and that there was no criminal record, and that the Defendant is against the wrong act while making a confession, etc., the following disadvantages expected to be committed against the Defendant.