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(영문) 대전지방법원 2018.06.21 2017노3858
의료법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) stated differently from the fact that he did not intentionally or negligently a record of nursing.

B. The prosecutor (unfair sentencing) of the lower court’s judgment’s sentence is too unfilled and unreasonable.

2. Determination

A. In the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal on this part, and the lower court found the Defendant guilty of the instant facts charged by compiling the evidence

In full view of the following facts and circumstances acknowledged in accordance with the evidence duly adopted and investigated by the court below and the court below, the judgment below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant in the judgment below.

subsection (b) of this section.

① The Defendant transferred F to an operating room around 15:44 on the same day of the instant case, and recorded treatment, etc. conducted between 15:02 and 15:44 on the same day, and prepared a nursing record book as indicated in the facts charged, along with the same record.

The argument is asserted.

② However, the Defendant prepared a nursing record book at around 15:44 on the day of the instant case, and entered all the actions around 15:02 or around 15:44 on the day of the instant case by dividing the actions that took place between 15:02 and 15:44, and entered the time of the Petdine medication at around 15:44. The F, after being administered the Petdine at around 15:02, did not have a clear sense of consciousness at around 15:44, even though he did not have a clear state of consciousness at around 15:44 at the time of transfer of the operating room.

③ As such, the Defendant entered matters different from the fact in the nursing record as to the F’s food condition, not only at the time of medication, but also at the time of medication. Since the Defendant cannot be deemed to have prepared a false nursing record by negligence, the above assertion by the Defendant is rejected.

Therefore, the defendant's assertion of facts is without merit.

(b) prosecutors;

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