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(영문) 서울동부지방법원 2013.07.24 2013고정897
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a doctor to operate the “D Hospital” in Songpa-gu Seoul Metropolitan Government.

1. No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed;

Nevertheless, at around 21:00 on September 4, 2012, the Defendant, at the home of the Defendant’s office located in the Gyeonggi-si E and 208 203 Dong 203, left a patient G hospitalized in the above member of the Council with NS100ml B1C1 beer, and around 19:00 on September 4, 2012, left a patient H with 5% D/W10 M beer and allowed the patient H to perform non-licensed medical practice.

2. Each medical person shall keep records of medical treatment, assistance in childbirth, nursing records, and other records concerning medical treatment, and shall record the matters and opinions concerning his/her medical practice in detail and sign thereon;

Nevertheless, around September 4, 2012, the Defendant did not enter the Hague medication made to the patient G by the above member of the Council around September 4, 2012 and around September 9, 2012 to the patient I in the medical records.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions and Articles 90, 22 (1) of the Medical Service Act for criminal facts and for the choice of punishment (the point of violation of the duty of preparation of medical records and the choice of fines), Articles 87 (1) 2 and 27 (1) of the Medical Service Act, Article 30 of the Criminal Act for each of the following reasons:

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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