A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. Since the defendant cannot receive sufficient medical treatment through the hospital treatment and received the insurance money after receiving hospital treatment, there is an error in the judgment of the court below that recognized the facts charged and sentenced the defendant guilty without the intention of deception or fraud, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

2. Determination

A. In a case where continuous observation by a medical personnel is required with respect to side effects or incidental effects of drugs which have low resistance ability to, or are administered with, the disease of the patient, the determination of mistake of facts means that the patient suffers from treatment while staying in the hospital for more than 6 hours under the observation and management of the medical personnel in accordance with the following provisions: (a) where the patient’s pain and food needs to be continuously administered; (b) where the patient’s pain and treatment need to be continuously conducted; (c) where the patient’s condition is in a state where the patient is unable to cope with pain or where the patient’s risk of infection exists; and (d) where the patient suffers from treatment while staying in the hospital for more than 6 hours; and (e) where the patient remains in the hospital, the determination of whether the patient was hospitalized cannot be made based on the patient’s symptoms, diagnosis and treatment procedure; and (e) where the patient was under a fixed type of treatment after being assigned to the hospital and supervision over the patient’s remaining time of stay in the hospital and supervision.