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(영문) 수원지방법원 안산지원 2018.07.04 2018고정397
의료법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a doctor who had operated C Hospital in Si interest City B.

1. No medical institution shall use any name other than a name according to the type of medical institution;

Nevertheless, the Defendant used the name of “verteeb/government-specific hospital” on the Internet homepage of the said hospital on September 2017, although there was no fact that the said hospital was designated as verteb/government-specific hospital while opening the said hospital.

2. A medical person shall have the effect of treating a specific medical institution or medical person without fail, in treating a disease;

No expression or advertisement of the patient's experience or clinical experience for not more than six months shall be made.

Nevertheless, around September 2017, the Defendant posted a patient’s treatment experience room in the subsequent stage of treatment on the mobile website of the above hospital and advertised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of a person in charge;

1. Application of Acts and subordinate statutes on Internet advertisements and mobile advertisements;

1. Relevant Article of the Act on Criminal Facts, Article 89 subparagraph 1 of the Medical Service Act, Article 56 (2) of the Medical Service Act (the occupation of unlawful medical services advertisements and the selection of fines) concerning the selection of punishment, the main sentence of Article 90 and Article 42 (1) of the Medical Service Act (the occupation of unlawful name and use);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, even considering the circumstances leading up to the crime committed by the Defendant, is deemed to be minor in terms of the degree of illegality;

The punishment shall be determined as per the disposition by taking into account the favorable circumstances, such as the confession and reflection, and the absence of a previous conviction or a fine exceeding the same kind of criminal records or fines.

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