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(영문) 서울중앙지방법원 2014.08.08 2014고정1360
의료법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the president of the Dental Health Foundation E Hospital located in the racing-si, and all kinds of hospitals have one medical doctor and two nurses, when the hospitalized patient does not exceed 200 patients, one medical doctor and two nurses necessary for the diagnosis and treatment of the emergency patients. However, the Defendant provided seven inpatients at the above hospital operated by the Defendant from May 27, 2013 to June 15:00, and operated a hospital with only one nurse as a medical practitioner on duty.

2. Determination

A. The gist of the Defendant’s assertion is that the E Hospital (hereinafter “instant hospital”) was entrusted to F, G, etc., and the Defendant did not actually operate the instant hospital.

B. Although there are the witness’s testimony, the H’s statement (in the investigation record 4 pages), the H’s statement (in the investigation record 18 pages), the witness F’s legal statement, and the I’s confirmation (in the investigation record 6 pages), the above evidence alone is insufficient to acknowledge the facts charged, and there is no other evidence to acknowledge them, in light of the following circumstances.

1) On June 4, 2013, H concluded with F each of the statements at an investigative agency and a court with a public official regulating the operational status of the instant hospital is related to the fact that the instant hospital was operated without any medical personnel on duty, and did not conduct any particular examination as to whether the Defendant actually operated the instant hospital. (2) The Defendant entered into an entrustment contract with F on October 201 (the investigative record 68 pages) and on April 1, 2012 (the investigation record 62 pages). According to each of the above contracts, according to each of the above contracts, the Defendant agreed to transfer F any right related to the operation of the instant hospital to F, and ② F was employed by G as a doctor to substantially operate the instant hospital and let G enter into a lease contract on October 201, and ③.

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