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(영문) 서울고등법원 2020.02.07 2019누47539

장기요양급여비용환수결정취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The part of the first instance judgment 11, 2, and 3 : “At present, from the above court to (hereinafter “instant criminal trial .........” The above court rendered a judgment of not guilty on October 17, 2019, and the above judgment became final and conclusive on October 25, 2019 (hereinafter “related criminal trial”).”

From 17 pages 17 of the judgment of the first instance to 18 pages 2 to 3 of the judgment, the following parts are followed:

However, from the time the recipient sent AA with the intent of “I will not enter the body in a bath” through Z, only the above Z, which is female caregiver, took the process of the recipient Y’s body cleaning. From the time when the recipient AB told AC that “I will leave the body, if I will leave the body, I will leave the body.” In addition, I proceed with the process of the recipient AB’s body cleaning with AE, a female caregiver, who is a shot of the recipient AB.

2. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.