The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was actually injured, and was hospitalized for the need of hospitalized treatment.

Nevertheless, the judgment of the court below which found the defendant guilty is not accepted and there is an error of law that affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (two million won in penalty) is too unreasonable.

2. Determination

A. In a case where continuous observation by a medical staff is necessary with respect to side effects or incidental effects of the patient's disease which are very low resistance ability or are administered, the management of the patient's nutritional condition and food intake needs to be continued, so that the patient's pains are more inconvenience in treatment, or where the patient's condition is in a situation where the patient's condition is unable to cope with the patient's disease, or where the patient's risk of infection exists, etc., the patient suffers medical treatment while staying in the hospital. As such, in accordance with all the relevant legal principles, the patient's treatment under the observation and management of the medical staff while staying in the hospital for six or more hours pursuant to the "Detailed Details on the Standards and Method for Applying Medical Care Benefits", which is the public notice of the Ministry of Health and Welfare, means that the patient suffers medical care under the supervision and management of the medical staff, but it cannot be determined by considering the patient's symptoms, diagnosis and treatment details, and actions of the patient, etc. (see Supreme Court Decision 2009Do4668, May 28, 2009).

Even if this is the intention to acquire insurance money by cryptizing it, it is the injury.