The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal prepared by the defendant on August 24, 2012, the medical examination and treatment record prepared by the defendant on August 24, 2012 does not contain the correct contents of the state and degree of the injury suffered by F, and does not contain any content of medical treatment. The medical examination records of September 19, 2012 do not contain any major symptoms, diagnosis result or diagnosis name, medical examination process, and diagnosis contents, and it is reasonable to view that it is not recorded in detail to the extent required under Article 22 of the Medical Service Act. However, the judgment of the court below acquitted the defendant on this part is erroneous

2. Determination

A. In a case where a medical doctor of a relevant legal doctrine provides a patient with medical treatment, he/she shall prepare a medical examination and treatment record and signed in detail the matters and opinions regarding the relevant medical treatment pursuant to Article 22(1) of the former Medical Service Act (amended by Act No. 11748, Apr. 5, 2013; hereinafter “former Medical Service Act”). A person who has not prepared a medical examination and treatment record shall be punished pursuant to Article 90 of the same Act. As such, the purport of allowing a medical doctor to prepare a medical examination and treatment record to make the doctor in charge of the medical examination and treatment accurately recorded information about the patient’s condition and the progress of the medical treatment and make it available for the patient to continue the treatment, as well as providing other relevant medical professionals with such information so that the patient can be provided with appropriate medical treatment, and after the completion of the medical treatment, it may be used as data to determine the propriety of the medical treatment.

Article 22 of the former Medical Service Act (see, e.g., Supreme Court Decision 97Do1234, Aug. 29, 1997) (1) Each medical person shall keep records of medical treatment, assistance in child delivery, nursing records, and other records concerning medical treatment (hereinafter referred to as “record of medical treatment, etc.”), and shall record the matters and opinions pertaining to the relevant medical practice in detail and sign thereon.