Attorney C, D

The lower court upheld the first instance judgment that acquitted the Defendant on the facts charged of this case on the ground that the act of modifying a copy of the operation record book differently from the fact cannot be deemed as falling under Article 22(3) of the Medical Service Act, unless it is proved that the original copy of the medical record book was prepared or corrected differently from the fact

In light of the record, the lower court did not err by misapprehending the legal doctrine on the interpretation of the Medical Service Act, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-deok

Chief Justice Kim Shin-chul

Justices Kim Gin-young