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(영문) 의정부지방법원 2019.07.11 2019고정839
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant is a doctor to establish a medical institution under the trade name “D” in the building B and C at both weeks.

A medical person, other than a medical doctor, dentist, or oriental medical doctor who directly engages in medical service and directly conducts a medical examination or examined examination, shall not prepare a medical certificate, autopsy report, certificate, or prescription and shall not be issued or dispatched to a public prosecutor of a district public prosecutor's office which conducts a medical examination, and no medical person shall prepare false medical records, etc.

Nevertheless, the Defendant: (a) provided medical treatment to the patient E (the age of 66, female) at around 10:5 on July 4, 2018; (b) provided medical treatment on July 5, 2018; and (c) provided false medical records as if he/she received medical treatment with a heat, a cryp, a cryp, or a crypitis on July 5, 2018, although he/she did not directly examine the female, and prepared and issued a prescription as if he/she did not directly examine the female, and issued a prescription as if he/she was prescribed at 250 g and crypine 10 g of 15 g of cryp, as described in the attached list of crimes; and (c) provided false medical records from around that time to November 22, 2018; and (d) prepared and issued a prescription without direct examination.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written accusation;

1. Application of each medical examination and treatment set and each prescription statute;

1. Article 88 subparagraph 1 of the Medical Service Act and Article 22 (3) of the same Act (including preparation of a false medical record book), Article 89 subparagraph 1 of the same Act, Article 17 (1) of the Medical Service Act, and the selection of fines for each of the following fines:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Act on the Suspension of Execution recognizes the Defendant to commit a crime; Article 62(1) recognizes the Defendant as a first offender without any previous conviction; the Defendant actually treated the patients as indicated in the judgment; and the Defendant appears to have reached an offense for additional prescription of medicine; and the period and frequency of other crimes.

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