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(영문) 부산지방법원 동부지원 2017.11.24 2017고정1009
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a doctor to operate a C Council member in Busan Shipping Daegu B4th floor.

1. A medical person who committed a crime on July 13, 2016, kept records of treatment records, assistance in child delivery records, nursing records, and other records on medical treatment, and recorded in detail the matters and opinions concerning the medical acts prescribed by Ordinance of the Ministry of Health and Welfare, such as the principal symptoms, diagnosis and treatment of the patient, and the contents of the diagnosis and treatment. However, the Defendant did not record the contents of treatment records, etc. in around July 13, 2016 at the above C member, even though he/she administered a injection that contains any ingredients promoting local decomposition on the part of D’s He/she did not record the contents of treatment, etc.

2. A medical person who committed a crime on July 17, 2016, kept records of each medical treatment record, assistance in child delivery record, nursing record, and other records on medical treatment, and recorded in detail the matters and opinions concerning the medical practice prescribed by Ordinance of the Ministry of Health and Welfare, such as the main symptoms, diagnosis, and treatment of the patient, and entered them in the treatment record, etc. on July 17, 2016, the Defendant did not record the contents of treatment in the treatment record, etc., even though he/she administered medication containing ingredients promoting local decomposition on the face side of D around July 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The application of Acts and subordinate statutes to Gap and telephone conversations recording files (USB), hospital CCTV images (USB), Dbucks, and Kakao Stockholm photographs data;

1. Relevant provisions of the Act and Articles 90 and 22 (1) of the Medical Service Act concerning facts constituting a crime (opportune selection);

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. A fine of three million won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (or was in the teaching relationship at the time of the defendant);

D It appears that the medical treatment was performed by the Defendant under his own name, there is no criminal history against the Defendant, and the process of the case of the instant crime is considered).

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