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(영문) 청주지방법원 2019.08.14 2018노1047
의료법위반등
Text

The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

Reasons

1. The court below dismissed the prosecution against the defendant among the facts charged, and sentenced the conviction on the violation of the Medical Service Act and the Mental Health Act. The only defendant appealed on the guilty part of the judgment below on the grounds of mistake of facts or misapprehension of legal principles and unreasonable sentencing. Thus, the dismissed part of the judgment below which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. misunderstanding of facts as to the violation of the Medical Service Act or misunderstanding of legal principles, the Defendant knew that there was a doctor’s oral prescription instruction, and instructed the nurse, etc. to administer the CP, etc. (hereinafter “CPZ”), and the Defendant did not arbitrarily instruct the deceased without the doctor’s first prescription.

Nevertheless, the judgment of the court below which recognized that the defendant ordered the Deceased to administer the 200 g of the CP once a day by two times a day without a doctor's prescription, is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable in the course of sentencing.

3. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged in violation of the Medical Service Act was the head of the administrative office of the C convalescent and the D convalescent Hospital B located in Jincheon-gun, Jincheon-gun.

No person, other than a medical person, shall perform medical practice, and no medical person shall perform any medical practice except those licensed.

The Defendant, around July 15, 2014, knew that the Deceased, who was hospitalized in the hospital, wanted to marry with F in the same hospital, was hospitalized in the hospital, but opposed to this, bucks that the Deceased would be put in a knife with a knife.

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