[허위진단서작성,동행사][공1990.5.15.(872),1020]
(a) Whether a medical doctor’s opinion prepared to prove health conditions that he/she became aware of as a result of the medical examination falls under a medical certificate which is the object of preparation of a false medical certificate (affirmative);
B. Requirements for establishing a false medical certificate
A. In the crime of preparing a false medical certificate under Article 233 of the Criminal Act, the term "medical certificate" refers to a document prepared by a doctor to verify a person's health condition by indicating the decision on the result of a medical examination. Thus, even if the name of the document is a medical opinion, if the document is prepared to prove a person's health condition, such as the name of the sick or wounded, or the part, degree, or treatment period of the patient who became aware of the result of the medical examination
B. In the crime of preparation of a false medical certificate, there is no question about the determination of facts. However, since this crime is intended to prohibit the original false certification, it is necessary not only to have a subjective perception that the content is false, but also to have a statement contrary to the actual truth.
(b)Article 233 of the Criminal Code;
B. Supreme Court Decision 75Do1888 decided Feb. 10, 1976 (Gong1976,904) decided Dec. 13, 1978
Defendant
Defendant
Cheongju District Court Decision 88No647 delivered on September 7, 1989
The judgment of the court below is reversed and the case is remanded to Cheongju District Court Panel Division.
As to the Grounds of Appeal:
According to the reasoning of the judgment of the court below, since the defendant is a professional doctor with the above 1986.11 to 198, and the head of the above 100 hospital and the head of the above 20.08.10 of the above 1987.08.08.08.000.00.00.00.00.00.00.00.00..00.00..00..00..00.00..00..00..00..00...00..00...00...00...00..00...00...000....00...00.. 100..00.. 100. 200. 10. 200. 200. 30. 31. 31. 31. 3 of the above hospital, etc.
However, according to the judgment of the court of first instance, it is difficult for the defendant to find out the above 10th day of 1987.8.10, which is one of the victims of the traffic accident who had been suffering from 8th day of 1987.10, the above 1st day of 7th day of 8th day of 8th day of 8th day of 4th day of 10,000 medical treatment, and the above 1st day of 1st day of 9th day of 1st day of 7th day of 10,000 after 1st day of 1st day of 8th day of 10,000 after 1st day of 3th day of 1st day of 10,000 after 1st day of 1st day of 1st day of 1st day of 1st day of 1st day of 1st day of 1st day of 1st day of 1st day of 1st day of 1st day of 3.
Nevertheless, the court below maintained the judgment of the court of first instance which found the defendant guilty of all the charges of this case on the premise that the above crime of preparing a false medical certificate is established, shall be deemed to have committed an error of law by mistake of facts against the rules of evidence, or by mistake of facts against the rules of evidence, since the crime of preparing a false medical certificate and the crime of uttering affecting the judgment.
Therefore, the judgment of the court below is reversed, and the case is remanded to the Cheongju District Court Panel Division which is the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Yong-ju (Presiding Justice)