The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

No person, other than a doctor who directly engages in medical service, and has conducted a diagnosis or examination, shall prepare a medical certificate, autopsy report, certificate or prescription, and deliver or dispatch it to a patient.

Nevertheless, around February 24, 2016, the Defendant, at C Hospital located in Gwangjin-gu Seoul Special Metropolitan City, prepared a prescription stating that “Lexaprom mel mix 10mg and Roison OD 1mg (one time and 60 minutes a day)” without a direct examination of D and issued the prescription to D’s mother, from that time until June 20, 2019, the Defendant prepared and issued a prescription without a direct examination of 34 times in total, as shown in the attached list of crimes, from that time.

Summary of Evidence

1. Part of the defendant's legal statement E and written statement by the police about D;

1. Application of Acts and subordinate statutes to a criminal report (including submission of data by the C hospital), investigation report (Attachment of medical progress records and specification of crime list), investigation report (the comparison of amended medicines) (the comparison of medicines);

1. Article 89, Article 17(1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); Article 89, Article 17(1) of the former Medical Service Act (Amended by Act No. 1655, Aug. 27, 2019); Article 89 Subparag. 1 of the former Medical Service Act (Amended by Act No. 16555, Aug. 27, 2019); Article 17(1) of the former Medical Service Act (Amended by Act No. 1655, Aug. 1, 2019; hereinafter referred to as the “former Medical Service Act”); and

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (amount of KRW 100,000 per day);

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Act (including the following circumstances: (a) the refusal of medical treatment by the patient who was provided with medical treatment and prescription was caused by the patient’s request by his guardian who complained of danger and pain; (b) there are circumstances to consider the circumstances of the crime; and (c) there are no records of criminal punishment for the same kind of crime against the defendant)

1. The defendant asserts Article 17 of the Medical Service Act.