사문서변조등
The defendant shall be innocent.
1. On February 10, 2017, the Defendant: (a) taken a photograph of his/her written diagnosis issued by the said member E on February 9, 2017 for the purpose of agreement at the D’s hospital located in the D’s clinic located in the 9th floor of the Seo-gu Daejeon Daejeon building; and (b) added “the content of treatment / future treatment” column of the written diagnosis using the editing function of “F” in the written diagnosis.
In addition, the Defendant sent text messages to G’s mobile phone, which is the other party to the agreement, and sent the said medical certificate to the attached file.
Accordingly, for the purpose of exercising, the defendant altered a medical certificate, which is a document E, related to fact proof, and exercised a modified medical certificate.
2. Determination
A. The legal principle of a crime requires that a crime and a punishment be prescribed by law in order to protect an individual’s freedom and rights from the arbitrary exercise of the state’s penal authority, and the principle of prohibition of analogical interpretation derived therefrom is prohibited from analogical interpretation with a content different from the original meaning expressed in a sexual provision unfavorable to the defendant under the premise that the provision of a sex should be strictly interpreted (see Supreme Court Decision 92Do1428, Oct. 13, 1992). Meanwhile, in relation to a document under the Criminal Act, document refers to a copy by a mechanical method that makes it possible to present the original or its social function, creditity, etc., which is an indication of the intention or concept stated on the object continuously by a letter or a virtual code that can replace it, and its contents can be admitted as evidence for important social matters (see, e.g., Supreme Court Decision 2004Do788, Jan. 26, 2006).
However, image files of the diagnosis document created by the defendant in smartphones are image files.