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(영문) 대구지방법원 2013.11.06 2013고정747
의료법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

D is the nurse of the F Hospital Health Center in Daegu-gu E, and the defendant A is the director of the family department of F Hospital and the director of the hospital, and the defendant medical corporation B is the corporation that employs D and the defendant A.

1. A person, other than Defendant A, is prohibited from providing medical services. However, D, on February 15, 201, using the denial of the first floor health examination center of the F Hospital underground located in Daegu-gu, Daegu-gu, in an inspection room, and using the quality diameter at the inspection room, recovered the body of the G, who is subject to the examination of the gymalmosis, and extracted the gymary cells cells of the gymosis, such as written in the list of crimes in the attached Table.

The Defendant, at the above time and place, knew that D did not perform a unauthorized practice, but did not take a preventive measure, aided and abetted D’s unauthorized practice by facilitating D’s unauthorized practice.

2. The Defendant A, at the time, and at the place specified in Paragraph (1), committed an offense against D, who is an employee, and Defendant A, with respect to the Defendant’s business, engaging in an act without a license and aiding and abetting the act.

Summary of Evidence

1. Partial statement of witness D;

1. A protocol of examination of part of the prosecution concerning D;

1. Some police suspect interrogation protocol regarding D;

1. Each investigation report (169 pages, 198 pages);

1. A written confirmation of the defendant A (18 pages of investigation records);

1. Application of Acts and subordinate statutes of D;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 87(1)2 and 27(1) of the Medical Service Act, Article 32(1) of the Criminal Act

(b) Defendant A medical corporation: Articles 91, 87 (1) 2, and 27 (1) of the Medical Service Act;

1. Defendant A who is legally mitigated: Articles 32 (2) and 55 (1) 6 of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. The Criminal Procedure Act shall each apply to the provisional payment order;

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