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(영문) 창원지방법원 진주지원 2014.02.19 2013고단1091
의료법위반
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The summary of the primary charge is that the Defendant is operating a medical institution under the trade name of “Emental Health Department” located in Do in the Jeonsi-gu Seoul Metropolitan City. The Defendant may not prepare a medical certificate, certificate, prescription, etc. and deliver it to the patient unless he/she is a doctor engaged in the medical business and directly conducted a medical examination.

From June 7, 2012 to June 19, 2013, the Defendant did not directly examine 25 inmates, such as G, etc., who are confined in F, and issued a prescription for a total of 42 occasions, such as the entry in the list of crimes in attached Form 42, to the correctional institution.

B. The summary of the ancillary charge is a doctor operating a medical institution in the name of “Ethic Health Department” in the name of “Ethic Health Department” in Y in the Jeonsi-gu Seoul Metropolitan City. The Defendant may not prepare a medical certificate, certificate, prescription, etc. and deliver it to the patient unless he/she directly conducted a medical examination

From June 7, 2012 to June 19, 2013, the Defendant did not directly examine 25 inmates, such as G, etc., who are confined in F, and did not directly examine 25 inmates, and issued a certificate over a total of 42 occasions, such as the list of crimes in the attached list of crimes, by allowing F to bring the certificate into prison through F obligations and employees.

2. Determination:

(a) A person who violates Articles 89 (1), 17 (1) and (2) (excluding the latter part of the proviso to paragraph (1) and the proviso to paragraph (2)), 56 (1) through (4), 57 (1) and 58-6 (2) of the Medical Service Act shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won;

Article 17 (Medical Certificate, etc.) (1) Any person other than a doctor who engages in the medical service and directly examines, or performs postmortem examination (hereafter in this paragraph, including a doctor who engages in postmortem examination only in the State agency in charge of postmortem examination).

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