The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal appears to have been hospitalized despite the absence of the need for hospitalized treatment at the time of the instant crime, and even if the need for hospitalized treatment, it can be sufficiently recognized that the Defendant acquired the insurance proceeds by deceiving the insurance company by means of hospitalization exceeding the adequate period of hospitalization.

Nevertheless, since the court below acquitted the defendant, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination:

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the Defendant was hospitalized as shown in the annexed crime list and frequently gone out or out of prison during the period of some hospitalization.

Although doubtful circumstances, such as hospitalization at a hospital or a hospital due to the lack of a reasonable doubt, the evidence submitted by the prosecutor alone was insufficient to deem that each of the facts charged in this case was proven without a reasonable doubt.

(1) Determination of hospitalization shall be made by taking into account the symptoms, diagnosis and treatment details, and the actions of the patient, etc., and the same applies to the determination of the appropriate hospitalization period. However, except as seen earlier, it is insufficient to readily conclude that the defendant was hospitalized in excess of the proper hospitalization period and obtained the insurance money by deceiving the insurance company, and there is no other evidence to acknowledge this otherwise.

② Rather, according to the contents of the report on the results of the appraisal by the medical specialist in Busan Macroology C, the Defendant had several times cT and MRI photographs due to the symptoms of low cT and low fluencing, and the symptoms that are not adjusted by normal flusium control or injection therapy can be used to block vertebrate blurine invertection.