사기
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (fact-finding) evidence submitted by the prosecutor, the Defendant may sufficiently recognize that the Defendant, even though it was possible to receive hospital treatment, was obtained by deceiving the insurance company as if it were necessary to undergo hospital treatment.
Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.
2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that the defendant was acquitted of the facts charged of this case on the ground that the evidence of this case alone, based on the judgment of evidence as stated in the judgment of the court below, has reached the extent that the defendant's hospitalized treatment could not be acceptable as a means of exercising social norms, or that the defendant was hospitalized by the intent to acquire insurance money by deceit, is just and acceptable, and the additional evidence (the result of the examination of the defendant at the court below) added in the trial does not have probative value to the extent that it should be reversed. Thus, the judgment of the court below did not err by
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.