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(영문) 수원지방법원 2015.03.27 2014노3662

공전자기록등위작등

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

Summary of Grounds for Appeal

Defendant

(In fact, the defendant had access to the defense medical system, such as the facts charged, and entered information in the nursing records of this case. However, there is no falsity in the information entered at the time.

In accordance with the direction of the military doctor G at the time, forced urology measures were taken, and discharged urines were also entered.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

The court below's sentencing (the suspended sentence of imprisonment with labor for six months) is too unfortunate and unfair.

Comprehensively taking account of the evidence duly admitted by the court below on March 17, 2008 regarding the part of input of false information regarding the Defendant’s allegation in the grounds for appeal, the fact that 1,200cc urines were discharged when implementing the instant forced urology with respect to F around 10:30 on March 17, 2008, and the Defendant, however, on the same day at around 10:44 on the same day, entered 14Fr. urology inserted into the nursing records of the system of national defense medical system by “Dam Ma (Subrogation G. 630cc.).”

Therefore, among the judgment of the court below, the part that recognized that the defendant reduced the amount of change and entered the system differently from the actual amount of discharge, thereby putting the electronic records of public offices in writing and exercising it is reasonable, and there is no error of misconception of facts alleged by the defendant.

In particular, the witness E (pre-name: H) and F’s testimony are very specific and consistent and consistent with each other, and the contents thereof are credibility; F was a DNA hospital serious patient room on March 16, 2008 due to the climatic clibation and mathic symptoms; F appears to have been in a state where urine cannot be viewed by itself due to the clibation and mathic symptoms; F was about 14 hours after entering the patient room and the instant forced urology; and F was also before forced urology except the instant forced urology.