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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the following facts: (a) the Defendant, on the hospital website, etc., provided that the rash and scopic surgery is not required to be hospitalized after the surgery; (b) 218 of the 250 patients who had undergone the surgery at the hospital of the Defendant was discharged on the day; and (c) the patient was not given any particular treatment during the hospitalization period; (d) the Defendant hospitalized the patients without the need to be hospitalized as indicated in the facts charged; and (e) issued a written confirmation of hospitalization to the patients so that the patients may be paid the insurance money; and (e) sufficiently recognized the fact that
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. The summary of the facts charged is the president of the D Hospital in the 2nd floor in North-gu, North Korea, and the Defendant is a person in charge of the operation of the hospital, such as treatment of patients, surgery, decision on admission and discharge, confirmation of admission and discharge, and issuance of a medical certificate.
D hospital operated by the defendant is a hospital specializing in treatment and surgery of non-pocks, and is using the rash marcule (EVLT) and the maVL method, etc.
The operation through the above method is a non-benefit item that is not included in the subject of insurance benefits of the National Health Insurance Corporation, and individually purchases an accident insurance for private insurance companies, and hospitalization after the operation shall be made, but 30 to 100% of the medical expenses to be borne by the patient himself/herself according to the terms and conditions of the non-life insurance for private insurance companies.
However, the procedure using Rayer, Mavic (EVLT) is generally owned by 30 minutes to 1 hour, there is no need for continuous observation and treatment such as medication, and it is not necessary for hospitalization to discharge immediately after the process.