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(영문) 광주지방법원 2015.08.13 2015고정506
의료법위반교사
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A as a doctor, is the president of the F Hospital in Gwangju Mine-gu E, and the defendant B is the assistant nurse of the above hospital.

1. A around November 13, 2014, the Defendant instructed a nursing assistant B, other than a medical person, to collect the body body of a self-presidential cell in the process of performing the examination of the second floor of the F Hospital, within the examination room of the second floor of the F Hospital, to collect the body of a self-presidential cell. B, upon the Defendant’s instruction, recovered the body of a self-presidential cell of G by using the patonary patosary patum.

Accordingly, the defendant assisted B to perform unlicensed medical practice.

2. Defendant B received the above orders from A at the above date, time, and place, and took the body body of G’s own womb cells by using a medical flag, without being qualified as a medical personnel, and performed a non-licensed medical practice.

Summary of Evidence

1. Defendants’ partial statement

1. Each police interrogation protocol against the Defendants

1. A H statement;

1. Application of each statute on a written accusation;

1. Article 87 (1) 2 and Article 27 (1) of the Medical Service Act, and Article 31 (1) 2 of the Criminal Act concerning facts constituting a crime: Article 87 (1) 2 and Article 27 (1) of the Medical Service Act;

1. Selection of a fine for negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse;

1. Judgment on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order (defendants)

1. The act of Defendant B, who has supported the medical treatment of Defendant A for a long time as an assistant nurse, is merely an assistant medical act for part of the diagnosis and treatment of spaculary spaculary spaculary spaculary spaculary spaculary spaculary spaculary spaculary spaculary spaculary. Considering the circumstances in which such act was performed, Defendant B’s ability to perform the procedure, and risk of the procedure itself, social norms are considered.

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