(영문) 청주지방법원 2014.02.07 2013노111 (1)

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(영문) 청주지방법원 2014.02.07 2013노111 (1)

허위진단서작성등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, and 180 hours of probation and community service) of the lower court is too unreasonable;

2. Ex officio determination

A. Ex officio, we examine the issue of each evidence of breach of trust against D (related to Paragraph 4 of the crime at the time of original adjudication).

1) The summary of this part of the facts charged is that the defendant made an unjust solicitation to the effect that he would make a false diagnosis of the injury to the defendant against the defendant in collusion with A or U, and as a result, made an attached list of crimes (2-).

A. It is the fact that the property was granted, as shown in No. 2 a year and No. 2 a year in the annexed list of crimes (3).

2) However, in light of the following circumstances acknowledged by the evidence adopted and examined by the court below and the court below, the evidence alone submitted by the prosecutor is insufficient to acknowledge the fact that the defendant paid money and valuables to D in collusion with A and U as to each giving of property in breach of trust listed in the annexed list (3) No. 2 of the annexed list of crimes (3), and there is no other evidence to acknowledge it. However, the remaining part except this, i.e., the annexed list of crimes (2)

A. As to each giving of a breach of trust mentioned above 2 times a year, the Defendant conspired with A and U to recognize the fact that the Defendant paid D money together with an illegal solicitation to the same effect.

Therefore, the judgment of the court below which found the defendant guilty of the charge of giving rise to each breach of trust against D as stated in the attached Table No. 2 (3) cannot be maintained. A) The credibility of the defendant and the defendant's statement (A) (A) consistently asserted that the defendant paid money to D and E in return for receiving false diagnosis or examination results from the investigation agency to the trial court, and the defendant's statement also conforms to this.

However, A's statements related to the preparation of a false medical certificate with U are not consistent partially.

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