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(영문) 대구지방법원 2015.11.06 2015고정1022
의료법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is an intention to operate E-Japan in Daegu Dong-gu, and Defendant B is the chief of the original affairs division of the above hospital, and anyone who is not a medical person shall not perform medical practice.

Nevertheless, Defendant B, even if not a medical person, failed to directly provide medical treatment from January 4, 2014 to January 5, 2014, according to Defendant A’s instruction, prescribed physical treatment, injection, etc. for 150 patients who were in the hospital for the above period, according to the direction of Defendant A, who was unable to directly provide medical treatment.

As a result, the Defendants conspired to conduct a non-licensed practice.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and G;

1. Defendants’ written confirmation of facts

1. A medical institution establishment report certificate [the defendant and his defense counsel prescribe physical therapy and vaccination, etc. directly for the patients suffering from the time and time who suffered from the time and time as stated in the criminal facts in the judgment of the defendant A, and the above prescription took place without face-to-face medical treatment because of the temporary or repeated treatment. However, according to the contents of each confirmation document prepared by the defendant, the defendant A recognizes that the defendant A did not prescribe physical therapy and injection for the patients suffering from the time and time, and even if there is no need for medical examination in the above prescription, even if there is no need for doctor's diagnosis in the above prescription, he must perform it directly by the medical personnel as a medical act under the Medical Service Act, so the defendants

1. The Defendants: Article 87 (1) 2 and Article 27 (1) of the Medical Service Act, and Article 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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