The lower court upheld the first instance judgment that acquitted the Defendant on the facts charged of this case on the ground that the act of modifying a copy of the operation record book differently from the fact does not constitute Article 22(3) of the Medical Service Act, unless it is proved that the original copy of the medical record book, etc. was prepared or revised differently from the fact.

Even if examining the record, the lower court did not err by misapprehending the legal doctrine on the interpretation of the Medical Service Act, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.