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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is the head of a hospital that operates a mutual hospital called “E hospital” in Songpa-gu Seoul Metropolitan Government D.
In cases of not more than 20 inpatients, all kinds of hospitals shall have one doctor and two nurses on duty.
During the period from August 1, 2016 to August 31, 2016, the Defendant did not designate two nurses on duty, who have been hospitalized by a patient with an average of 71 persons per day at the above hospital, but did not work for them.
Accordingly, the Defendant violated the Medical Service Act.
Summary of Evidence
1. Statement by the defendant in court;
1. A public official's statement;
1. Application of Acts and subordinate statutes governing the table of nurse services in August of the E hospital;
1. Relevant Articles 90 and 41 of the Medical Service Act and the selection of fines for criminal facts;
1. Penalty of one million won to be suspended;
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. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the same Act (see, e., Supreme Court Decision 2016Do154, Aug. 2, 2016) (see, e.g., Supreme Court Decision 2008Do1448, Apr. 2, 2008) (see, e.g., Supreme Court Decision 2008Do1488, Apr. 2, 2008))