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(영문) 서울중앙지방법원 2014.08.27 2014고정2245
사문서위조등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 14, 2013, the Defendant forged private document: (a) indicated “E” in the medical certificate, opinion, and written confirmation to be used in divorce proceedings with wife E at the D Hospital located in Jung-gu Seoul Metropolitan Government; and (b) indicated “E” in the personal column for perusal of the medical record and the written consent to issue copies of the medical record; and (c) affixed the E- sealed seal arbitrarily in possession of the name subsequent thereto.

Accordingly, for the purpose of exercising authority, the Defendant forged the access to the medical records in the name of E, which is a private document on rights, duties, or certificates of fact, and one letter of delegation respectively.

2. On October 14, 2013, the Defendant issued to the D Hospital a written consent to the perusal and issuance of a copy of the medical record in the name of counterfeit E, and a written consent to the issuance of the letter of delegation as if the power of attorney was duly formed.

Accordingly, the defendant exercised one copy of the medical record perusal and one copy of the E name, and one power of attorney.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. 1 of the police statement of E, perusal of medical records, written consent to the issuance of copies thereof, and application of Acts and subordinate statutes concerning the publication of medical records and the letter of delegation

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense (the point of uttering of a falsified investigative document);

1. Articles 40 and 50 of the Criminal Act among the crimes of uttering of a falsified investigative document;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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