업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. It is true that a misunderstanding of facts in the judgment of the court below established and posted a substitute report stating that “the victim fabricated medical records and forged evidence to conceal medical malpractice” (hereinafter “the substitute report of this case”) eight times as stated in the facts constituting the crime in the judgment of the court below.
However, the victim prepared a medical examination and treatment record to be disadvantageous to the defendant, and submitted it as evidence in civil procedure with the defendant. Since the defendant evaluated the above act of the victim as "salvating the medical records" and "salvation of evidence" with the above act of the victim, it is merely a statement in the personal information of this case, the contents of the personal information of this case are not false
Even if the victim cannot be viewed as the manipulation of the medical record, there was no perception of false facts because the victim believed that he/she fabricated the medical record.
Furthermore, the illegality of the Defendant is excluded in accordance with Article 310 of the Criminal Act, since the Defendant installed and posted the instant bulletin to prevent any further occurrence of victims.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Determination
A. The court below rejected the defendant's assertion after making a detailed statement of the judgment of the court below on the grounds of appeal on the same argument as the grounds of appeal. In light of the following circumstances revealed by the court below, the court below's above determination is justified, and there was no error of mistake of facts as alleged by the defendant, and there was no error of mistake of facts as alleged by the defendant.
(1) A copy of the medical record submitted by the victim as evidence for civil procedure on February 2011 shall be as follows.