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(영문) 대구지방법원 2016.10.13 2015노5413
의료법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not specifically state the grounds for appeal for a misunderstanding of facts and a misunderstanding of legal principles in preparing medical records for each time and consideration of facts stated in the criminal facts, there was no intention to violate the duty of detailed recording of medical records under the Medical Service Act or prepare medical records differently from the facts intentionally.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination:

A. The defendant argued that the above mistake of facts and misapprehension of legal principles are the same as the argument of mistake of facts and misapprehension of legal principles, and the court below rejected the above argument in detail. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and the defendant's allegation of mistake of facts and misapprehension of

B. However, in full view of the following circumstances: (a) the Defendant, working as a doctor for twenty-three years, contributed to the development of medical services, such as dental treatment, etc.; (b) the primary offender; and (c) the motive and background leading up to the Defendant’s failure to provide detailed records on D’s documentary evidence in the medical records; and (d) other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s character and conduct, environment, and circumstances after the commission of the crime, the lower court’s

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88, Article 22 (3) of the Medical Service Act (the point of preparing a false medical record) concerning facts constituting an offense, and Articles 90 and 22 (1) of each Medical Service Act (the point of violating the duty of detailed recording of a medical record);

1. Trade name;

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