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(영문) 대구지방법원 2012.02.16 2011노3008
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is true and the contents of each written diagnosis and written confirmation of admission and discharge are true, and even if not, the defendant did not have any intention to commit a crime by fraud or fraud, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

(The supplementary opinion to the Reasons for Appeal filed by the Defendant after the lapse of the period for submitting the Reasons for Appeal, and the reasons asserted in the supplementary opinion and the defense counsel’s written opinion are deemed to be sufficient to supplement the Reasons for Appeal.

A. The defendant is merely a document to report the facts that the defendant had been discharged from the custody and the written diagnosis of this case, and it is merely a document to report the fact that the defendant was discharged from the custody and the written diagnosis of this case. Thus, the defendant's acquittal should be pronounced since it does not fall under any of the medical certificates, written diagnosis, written examination, and documents concerning life and death as provided in Article 233 of the Criminal Code. However, this part of the argument is presented after

Furthermore, even if examining ex officio, in the crime of preparing a false medical certificate under Article 233 of the Criminal Act, the term "medical certificate" refers to a document prepared by a doctor to verify the person's health condition by indicating the decision on the result of the medical examination. Thus, even if the name of the document is a written opinion, if the document is prepared to verify the health condition of the patient, such as the name of the sick or the body, degree, or treatment period of the patient who became aware of the result of the medical examination, the document constitutes the above medical certificate (Supreme Court Decision 89Do2083 delivered on March 27, 190), in light of the legal principle that the content of the document is the health certificate, and the evidence duly adopted and examined by the court below, each of the instant medical certificates are

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