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Defendants are not guilty.
Reasons
The summary of the facts charged is the person who works for the F Hospital as the head of the management department, and the defendant B is the nurse who works for the F Hospital integration ward, and the defendant C is the head of the F Hospital as the doctor.
(a) No person other than a medical person who has violated the Medical Service Act shall perform any medical practice;
Nevertheless, at around 10:30 on December 13, 2016, Defendant A and Defendant B, within the F Hospital 309 heading room located in Suwon-si G, Suwon-si on December 13, 2016, pursuant to the doctor H’s direction, in which Defendant B, a nurse, inserted the part of the patient’s sex into the urine, not the medical personnel, when: (a) inserted the part of the patient’s sex into the urine, which was designed by the “Fleley” (Fleley’s “Cathter”) against Defendant B (hereinafter “Fley’s urine”) with the patter designed by the “Fleley’s urine” (hereinafter “Fley’s urine”); and (b) the part of the patient’s sex into the urine, not the medical personnel, and (c) reduced the part of the patient’s sex into the urine.
Accordingly, the Defendants jointly violated the Medical Service Act as a non-licensed medical practice.
(b) No person who operates a hospital in violation of the Medical Service Act (two punishment provisions) shall be negligent in giving due attention and supervision concerning the relevant duties to prevent unauthorized medical practice;
Nevertheless, Defendant C did not provide prior education to the employees to prevent the occurrence of unauthorized Medical Treatment, such as Paragraph A, as the representative director of the F Hospital.
Accordingly, the Defendant violated the Medical Service Act.
2. The term “medical practice” as defined in Article 27(1) of the Medical Service Act of this Court’s judgment means the conduct of prevention or treatment of diseases by conducting diagnosis, autopsy, prescription, medication, or surgical treatment with experience and function based on medical expertise and other medical personnel.