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(영문) 서울동부지방법원 2017.07.21 2016노2148
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and C, who alleged to be erroneous in the facts and legal principles, prepared a medical doctor’s instruction paper, and the so-called misleading log, and the nurse instructed by the above Defendants entered the matters concerning the patient in detail in the nursing record book. Further, the above two records may be deemed to have been prepared by the above Defendants.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendants guilty of the facts charged in the instant case that the said Defendants did not prepare a medical record book.

B. In light of the overall sentencing conditions of the instant case’s argument that sentencing is unfair, the sentence of a fine of one million won imposed by the lower court against the Defendants is too unreasonable.

2. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendants asserted the same purport in the lower court, and the lower court, based on the evidence duly admitted and investigated, determined that the above Defendants cannot be deemed to have prepared a medical record book provided by the Medical Service Act solely on the ground that Defendant A, B, and C had the nurse prepare a medical instruction book and prepare a nursing record book.

In light of the above evidence and the thorough examination of the above evidence, it is just to conclude the above conclusion by taking into account the circumstances in the judgment of the court below, and there are errors as alleged by the defendants.

subsection (b) of this section.

Ultimately, the Defendants’ above assertion is without merit.

On the other hand, the defendants did not specify the facts charged since the date and time of the crime and the contents of the medical treatment provided by the defendants A, B, and C are not stated in the indictment of this case through the statement of arguments submitted after the lapse of the period of time

The argument is asserted.

Since the above argument of the defendants is about the court's ex officio investigation, it is examined about this issue, and the facts charged.

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