The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal - Violation of the Medical Service Act due to false preparation of the medical record, which is the part not guilty at the original trial - The Defendant for nursing is included in the “medical person” as prescribed by the Medical Service Act, and this applies to the interpretation of Article 22(3) of the Medical Service Act, which is a punishment provision for false preparation of the medical record. In fact, when considering the fact that the nurses, etc. share the medical record, not only the medical doctor at the first medical institution, but also the nurses, etc., the nurse should be

If it is not seen as such, even if the same content is prepared according to a specific treatment, there is a risk of change in the punishment according to the name and title of the document.

Nevertheless, the judgment of the court below which acquitted the nurse of this part of the charges on the ground that the nurse was not the subject of preparation of the medical record, is erroneous in the misapprehension of legal principles,

2. Determination

A. A. The prosecutor extended the scope of the trial following the amendment of the indictment and the summary of the judgment on the extension of the scope of the trial following the amendment of the indictment, while maintaining the facts charged in violation of the Medical Service Act as the primary facts charged, and applied for the amendment of the indictment with the content of adding the facts charged as follows, such as the electronic records, as the following. The court

B. (i) The summary of the facts charged is the person who served as a nurse at the D Hospital located in Chungcheongnam-gu Seoul Special Metropolitan City from January 10, 2011 to December 18, 2014.

No medical person shall prepare a false medical record, etc.

Nevertheless, the Defendant, at around 23:52 on May 7, 2014, at the above hospital’s 5.5 Byung Dong-dong 516, ordered the patient E’s home room to “I am meatly administer I am meat, if necessary, by taking advantage of the ID and password of doctor F to the treatment prescription program at will, and thereby, I am meat if necessary.”