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(영문) 부산지방법원 2015.08.21 2015노343
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to the facts of the crime of this case as indicated in the judgment of the court below, the defendant: (a) as to the facts of this case as indicated in the judgment of the court below, the defendant suffered from a traffic accident under the immediately preceding wing operation, and actually hospitalized in G (Ewon; hereinafter referred to as “E Council member”) located in the Gu located in Busan Yong-gu, Busan Y, and (b) as to the facts of the crime of this case as indicated in the judgment of the court below, the defendant was actually hospitalized in E Council members, but the court below found the defendant guilty of the facts of this case,

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination:

A. In a case where a continuous observation by a medical personnel is required with respect to side effects or incidental effects of a patient’s disease which have low resistance or are administered, where the management of the patient’s pain and food is needed, it is necessary to continuously conduct medication and treatment, and thus, the patient’s pain and pain are in a situation where the patient’s condition is unable to cope with the patient’s condition or where the patient’s risk of infection exists, etc., and where the patient stays in the hospital and receives medical treatment. As such, the patient’s sojourn in the hospital is subject to the treatment under the observation and management of the medical personnel when the patient stays in the hospital for more than 6 hours pursuant to the relevant provisions, including “detailed matters on the criteria and method for the application of medical care benefits,” which is the notification of the Ministry of Health and Welfare. However, the determination of whether the patient was hospitalized cannot be made based on the patient’s symptoms, diagnosis and treatment, details and circumstances of the patient’s treatment, the patient’s treatment room and behavior, etc. (see, e.g., the patient’s symptoms and symptoms).

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