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(영문) 대전지방법원 논산지원 2015.09.11 2015고정77
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person, other than a doctor, dentist, or oriental medical doctor who directly engages in medical service, and has conducted a medical examination or examination, shall prepare a medical certificate, written result of autopsy, or prescription and deliver it to the patient.

Nevertheless, from August 4, 2014 to August 23, 2014, the Defendant directly treated eight patients, such as the above hospital G, H, I, J, K, K, L, M, and N, at a Fa hospital operated by a medical corporation E in Y in Y, Seosan-si, the Defendant prepared a medical certificate for the above patient under the name of the doctor, who did not have any medical examination, and issued it to the above patient.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police about P;

1. A written statement prepared by Q andO;

1. A certificate prepared by the R;

1. A self-written statement prepared by P;

1. A copy of a medical certificate, a copy of a medical certificate, or application of statutes on corporate register;

1. Relevant legal provisions concerning criminal facts, Articles 89 and 17 (1) of the Medical Service Act for the selection of punishment, and the selection of fines;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Interpretation under Article 89 and the main sentence of Article 17 (1) of the Medical Service Act;

A. The main text of Article 89 and the main text of Article 17(1) of the Medical Service Act shall be punished only where a doctor who did not directly examine prepares and delivers a medical certificate, etc.

B. The main text of Article 17(1) of the Medical Service Act provides that no medical doctor, etc. who is engaged in the medical service and directly conducted a medical examination shall prepare a prescription, etc. and deliver it to the patient, etc., and Article 9(1) of the Enforcement Rule of the Medical Service Act provides that a medical doctor, etc. issued by him/her shall record the name

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