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(영문) 서울중앙지방법원 2016.05.03 2016고정160

사문서위조등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Around 13:00 on May 7, 2015, the Defendant: (a) entered the Defendant’s medical record perusal and personal information B, including his/her name, contact address, date of birth, address, etc., in the form of the written consent for the issuance of the copy of the medical record kept at the center of the Defendant’s wife B, which was at the central hospital located in the Dongjak-gu Seoul Metropolitan Government, for the purpose of obtaining the issuance of a copy of the medical record of the Defendant’s wife B’s medical record; and (b) signed the Defendant’s signature on the content and column for the issuance of the copy.

For the purpose of uttering, the Defendant forged a letter of consent to the perusal of medical records and the issuance of copies in the name of private document B, which is a private document on rights and obligations.

2. On May 7, 2015, the Defendant at the time of the event of the above investigation document, at around 13:10 on May 7, 2015, submitted a forged medical record perusal and a copy of the written consent to an employee of the above central hospital, who was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Perusal of medical records and issuance of copies thereof;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;