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(영문) 서울중앙지방법원 2018.01.18 2017고단4588
의료법위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine shall be imposed on the Defendants.

Reasons

Punishment of the crime

Defendant

A is a medical specialist of the above hospital, who is a nursing assistant of Csan Women, and Defendant B is a medical specialist of the above hospital.

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

Defendant

B, from April 6, 2016 to April 7, 2016, from April 17, 2016 to April 7, 208:00, while on duty at C’s childbirth, from around April 23:40, 2016, the Defendant A, who is in charge of nursing care, did not have face-to-faced the above D while working on duty, instructed the Defendant A, who is in charge of nursing care, to administer a promotional medicine according to Defendant A’s judgment.

Defendant

A around 07:00 on April 7, 2016, at C’s delivery room and family members in Gangnam-gu Seoul Metropolitan Government E, in the state of Defendant B’s failure to follow clear instructions or supervision of Defendant B, a doctor, for the purpose of inducing her mother-in-child D to only induce her mother-in-child D, and administered 20 cc of 20 cc of 20 cc of 20 cc of 20 cc per hour until 09:05.

As a result, the Defendants conspired to conduct medical practice without a license.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness F;

1. Partial statement of the witness A;

1. A protocol concerning the examination of suspect by the prosecution against the defendant A (including the whole part of interrogation);

1. Part of the Defendants’ protocol of interrogation of suspects

1. Statement of G police statement;

1. Recording recording (the sequence 22 of the evidence list);

1. The filing of an accusation, a written statement, the circumstances of the case, records of the medical examination and treatment, records of nursing, and the application of statutes governing the past records;

1. Relevant Article 87(1)2 and Article 27(1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); Articles 30 and 30 of the Criminal Act; the choice of fines

1. Determination as to the assertion by the Defendants and their defense counsel under Articles 70(1) and 69(2) of the Criminal Act

1. Defendant B, a summary of the argument, is the gist of the argument.

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