(영문) 서울남부지방법원 2016.01.08 2015노129

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Reasons

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(영문) 서울남부지방법원 2016.01.08 2015노129

사기

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The defendant above.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In fact, although the defendant, who is guilty of the facts, only received hospitalized treatment in accordance with the recommendation of the doctor in charge and the convenience of the defendant for the treatment of the left-hand sloping infection, etc., the court below found the defendant guilty of the facts charged in this case. Thus, the court below erred by misunderstanding the facts.

B. The sentence of a fine of KRW 7 million sentenced by the lower court is too unreasonable.

2. Determination

A. Prior to the judgment on the reasoning of the Defendant’s appeal ex officio, the prosecutor conducted 6,7 conduct in the first instance trial on the charge against the Defendant. “However, the Defendant did not normally be hospitalized, such as: (a) the Defendant did not see his personal work while frequently going out and going out during the above period; and (b) the Defendant did not normally have been hospitalized; (c) the Defendant’s substance of treatment remains in a hospital with the degree of intrusion and physical therapy, and there was no need for continuous management and observation of the medical staff in the long term; (d) the purpose of treatment can be sufficiently achieved; (e) the need for hospital treatment does not exist; and (e) the Defendant applied for amendments to the amendment of the indictment to the effect that “The Defendant did not have been hospitalized for a long time beyond the actual period of hospitalization, even if the period of hospitalization was shorter than the actual hospitalization,” and (e) the court’s amendment to the amendment to the indictment was no longer subject to permission.

However, there is an amendment to the indictment above.

Even if the defendant's assertion of mistake of facts is still subject to the judgment of this court, this paper first examines this issue.

B. The Defendant is merely receiving normal hospitalized treatment. As such, the Defendant is aware of the fact.

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