A. The Defendant is not an unnecessary hospitalization in order to obtain the insurance proceeds through fraud, even if his body actually received hospitalized treatment according to the direction of the doctor in charge of Ampha, due to a traffic accident aftermatha, etc.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

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

2. Determination

A. In a case where continuous observation by a medical personnel is required in relation to side effects or incidental effects of drugs which have low resistance to, or are administered by, the disease of the patient, the determination of facts is based on the following: (a) where the management of medication and food is needed; (b) where the patient’s pains are in a situation where the patient’s condition is unable to cope with pain or where the patient’s risk of infection exists; and (c) where the patient stays in the hospital and is under medical treatment; and (d) where the patient lives in the hospital for at least six hours under the observation and management of the medical personnel, the determination of whether the patient remains in the hospital cannot be made based on the patient’s symptoms, diagnosis and treatment; and (d) where the patient’s treatment needs to be continuously conducted; and (e) the patient’s treatment is not based on the patient’s symptoms, diagnosis and treatment process; and (e) the patient’s treatment procedure is not based on the patient’s treatment procedure’s actual condition and behavior.