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(영문) 수원지방법원 평택지원 2013.12.19 2013고정764
의료법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A medical institution shall not use any name other than the name according to the type of medical institution under Article 3 (2) of the Medical Service Act, and where a person who establishes a hospital is a medical specialist, it may use the name by inserting the unique name of the medical institution and the specialized subject recognized between the name of the medical institution

Nevertheless, from April 11, 2013 to June 24, 2013, the Defendant reported the name “D Hospital” as “E Hospital because it had been operated with a medical specialist in anesthesia at the time of the initial establishment of the medical institution. However, the Defendant inserted the “specific medical department” of the above medical specialist into the name “E Hospital” and displayed it on the outside signboards, entrances, etc. of the building to “E Hospital.”

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 90 and 42 (1) of the Medical Service Act, the selection of fines for criminal facts;

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

1. Although the sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order have only once the defendant committed the instant crime, it is so decided as per Disposition by the assent of all participating Justices, taking into account the following: (a) the recognition of the instant crime and the separation of the defendant; and (b) the reason why the hospital’s intention was changed in the process of changing the hospital’s intention, etc.

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