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(영문) 서울중앙지방법원 2015.07.22 2015고정1507
의료법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendants are the representatives of the F Hospital, which is medical institutions, and medical personnel.

Defendants, upon request for the provision of articles, shall be jointly conducted by means of expressing and jointly determining what contents of articles are provided.

1. In article GhosunBiz.com, “F hospital” puts emphasis on the scopic treatment of spine and pipes. It does not perform surgery and recommends injection, external shock, physical shock, exercise, and drugs. It has a separate operation center; it is run in a way of indicating F hospital, the name of a medical institution, in fact, by advertising the function or treatment method of a medical institution, such as “the F hospital”;

2. The article of the I Sports Twit Online ArtJ (“E”) published the F Hospital’s name, a medical personnel with professional and rich medical experience in the field of spine and brate, with which the F Hospital, which was an official designated hospital of the Kvertebrate, was composed of medical personnel with the professional and rich medical experience in the field of spine and brate, and conducted a safe procedure and operation in parallel with the accurate diagnosis of symptoms and appropriate treatment with the highest level of high-tech medical equipment.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol (No. 1 and No. 2) against the Defendants

1. A written accusation;

1. Application of statutes on Internet articles;

1. The Defendants: Articles 89 and 56(2)8 of the Medical Service Act, Article 30 of the Criminal Act, and Article 23(1)8 of the Enforcement Decree of the Medical Service Act provide that “The Defendants shall be punished by a fine for a crime: (a) the information, such as the contact number, map, etc. of a specific medical institution or medical personnel, while carrying or broadcasting articles or opinions of experts concerning the skills or methods of medical treatment of a specific medical institution or medical personnel, in newspapers, online newspapers, magazines, etc. under Article 2 of the Act on Promotion of Newspapers, Etc.; or in broadcasts under Article 2(1) of the Broadcasting Act.

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