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(영문) 대전지방법원 2017.01.12 2016고정1127
의료법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a doctor who operates E Council members on the Seo-gu Daejeon D, 3, and 4 level, and Defendant B is a medical engineer working for the above hospital by radiation.

Although a doctor is required to prepare medicines directly at a hospital, from February 3, 2016 to February 28, 2016, the Defendants: (a) prepared medicines by Defendant B without a pharmacist’s license at the time of prescription by the Defendant A; (b) from May 12, 2014 to May 25, 2014; (c) from August 4, 2014 to August 31, 2014; and (d) from August 18, 2015 to July 5, 2015 to August 23, 2015, the Defendants were not Defendant B, for each period of time.

As a result, Defendants conspired to prepare medicines for patients released from the hospital by Defendant B who did not obtain a pharmacist license.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Reporting on the details of confirmation of the excursion ship against F;

1. Determination on the assertion by the Defendants and the defense counsel regarding ten copies of the radioactive ship license, medical doctor license, document verifying the participation of the National Pension Scheme, period of service of nurses, and proof of subscription to the National Pension Scheme

1. The summary of the argument is that Defendant B merely performed as an act that assists Defendant A’s dispensing at physical or mechanically, and it does not constitute Defendant B’s preparing act.

2. Determination

(a) A radiation engineer falling under the categories of medical technicians engaged in other acts than the scope and limit of duties of a radiation engineer, who performs the handling or inspection of radiation, etc., and the handling or control of related equipment, such as radiation, etc., and the scope and limit of his/her duties shall be limited to the handling of radioactive rays and vision radiation, the handling of nuclear and medical image diagnosis devices, and the selection and management of radiation equipment and their accessory equipment (Article 2 of the Medical Technicians, etc. Act).

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