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(영문) 대전지방법원 2014.10.16 2014노503
의료법위반
Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are written in preparing medical records of E from August 23, 2012 to September 7, 2012, the Defendant did not prepare medical records in a false manner since the content of “I&D in terms of class action and draination, management, and distribution (right) ODR de facto xter (right).”

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles in a case where a doctor provides medical treatment to a patient, he/she shall prepare a medical record with a detailed recording and signing of the matters and opinions regarding the relevant medical practice under Article 22(1) of the Medical Service Act, and a person who does not prepare a medical record shall be punished pursuant to Article 90 of the same Act. As such, the purport of allowing a doctor to prepare a medical record is to make the doctor himself/herself in charge of medical treatment accurately recorded information about the patient's condition and the progress of medical treatment without omitting information and allow him/her to use it for continuing treatment, and allowing another relevant medical personnel to provide such information with appropriate medical treatment, and allow him/her to use it as data to determine the propriety of the medical practice after the completion of the medical practice (see Supreme Court Decision 97Do1234, Aug. 29, 1997). In other words, the defendant, despite having been duly admitted from the right-hand side of e-mail surgery and removal of 30 m of e-mail surgery.

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