A. In fact, the Defendant: (a) visited the D Hospital in fact by actually forming a left place and cage; and (b) received hospitalized treatment according to the doctor’s instructions; and (c) did not have been falsely hospitalized with the criminal intent of defraudation, despite the need for hospitalized treatment

Nevertheless, the court below found guilty of the facts charged in this case, and the judgment of the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court (a fine of three million won) on the Defendant 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 to, or are administered by, a patient’s disease, the determination of misunderstanding of facts means that a patient suffers from treatment under the observation and management of a medical personnel in accordance with the following provisions: (a) where the patient’s pains and food needs to be continuously administered; (b) where the patient’s condition is in a situation where the patient is unable to cope with the patient’s condition or where the patient’s risk of infection exists; and (c) where the patient stays in the hospital and receives treatment; and (d) where the patient stays in the hospital for more than six hours pursuant to the provisions of the “Detailed Matters on the Standards and Method for Application of Medical Care Benefits”, which is the Ministry of Health and Welfare’s notice, the determination of whether the patient was hospitalized based only on the period of stay in the hospital cannot be made; and (d) where the patient’s symptoms, diagnosis and treatment, treatment details, and actions of the patient are not the substance of the treatment, or where the patient has been performed more long-term hospitalization.