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(영문) 전주지방법원 2016.04.26 2015고정511
의료법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No medical person shall falsely prepare a medical record, etc. including an electronic medical record, or intentionally enter or revise any additional record differently from the fact.

On February 3, 2015, the Defendant entered the symptoms, prescriptions, etc. of G and H in the name of the head of the F hospital in the name of the F hospital and entered them into the computer and falsely entered the electronic treatment records, etc. in the night treatment room of the F hospital located in YY-gu, Seoul Special Metropolitan City on February 3, 2015, and around February 20, 2015, the Defendant entered the symptoms, prescriptions, etc. of G and H in the name of the head of the F hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Written Statement;

1. Application of each medical records, prescriptions, and Acts and subordinate statutes;

1. The main sentence of Article 88 of the Medical Service Act and Article 22 (3) of the same Act concerning facts constituting an offense;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The main point of the claim is that the pertinent provision of the Medical Service Act is limited to cases where the symptoms of the patient, the prescription thereof, etc. are recorded falsely, and thus, it does not constitute a case where the defendant entered only the name of the patient in the

2. According to the Medical Service Act, the act of a medical person in writing records, etc. in a false manner shall be deemed to include not only the name of the patient or medical opinion, but also the case where the “name of preparation” such as the name and license of the medical person is falsely entered (see, e.g., Supreme Court Decision 2011Du4794, Jul. 26, 2012; Supreme Court Decision 2012Du4794, Jul. 26, 2012). Meanwhile, according to the evidence duly adopted and examined by the court, the first hospital president at the time of the instant crime was committed, and the first hospital president at the time of the instant crime was committed with the promise to provide meals, thereby leaving the above hospital (which is less than 34 pages of evidence records), and the Defendant

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