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(영문) 서울북부지방법원 2016.11.10 2016고정216
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant from March 27, 2015 to the same year.

8. up to December, 12, the doctor is in charge of patients E (the age of 81) hospitalized with stroke symptoms at the D Hospital located in Dobong-gu Seoul Metropolitan Government Dental.

Each medical person shall keep records of medical treatment, nursing records, and other records concerning medical treatment and shall record in detail the matters and opinions concerning the medical practice, such as the main symptoms of the patient, the details of the diagnosis and treatment, and sign thereon.

At around 09:30 on August 10, 2015, the Defendant confirmed that the patient’s right part of the patient E was cut off, and that the patient’s right part was cut off, while visiting the hospital at the hospital at around 09:30 on August 10, 2015, the Defendant did not record it in the medical records, etc. of the above patient, even though the Defendant instructed the nurse to have a smoke and to continue to do so once a day.

Summary of Evidence

1. Partial statement of the defendant;

1. A paper of instruction and recording of proceedings;

1. Application of Acts and subordinate statutes governing patient Egrams;

1. Articles 90 and 22 (1) of the Medical Service Act for the relevant criminal facts;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 201Da1448, Apr. 2, 201)

1. The defendant and his defense counsel asserts that the matters concerning the treatment of a hole, etc. on the E's arms are already recorded in the nursing register as well as those matters unrelated to strokea, the main symptoms of E, and thus, they are not matters to be entered in the medical records.

Article 22 (1) of the Medical Service Act provides that a medical person shall have a medical record and sign a detailed statement concerning the medical practice prescribed by Ordinance of the Ministry of Health and Welfare, such as the main symptoms, diagnosis, and treatment of a patient, and Article 14 (1) 1 of the Enforcement Rule of the same Act.

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