The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, even if the Defendants were to receive a diagnosis of the post-treatment disability through false hospital treatment, the fact of deceiving the insurance company can be acknowledged as if there were adequate hospital treatment and genuine obstacles.

Judgment

For the reasons indicated in its holding, the lower court acquitted the Defendants on the grounds that the instant facts charged cannot be deemed as having been proven beyond a reasonable doubt.

According to the records, the above judgment of the court below is just, and there is no error of misconception of facts as argued by the prosecutor.

According to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings as to Application for Compensation Orders, no applicant may file an objection against a judgment dismissing an application for compensation, and file the same application for compensation again.

However, even though the court below made an application for compensation against Defendant A at the court below, the applicant re-written the same application for compensation in the trial.

Therefore, the application for compensation by the applicant for compensation is unlawful.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation by the applicant for compensation is inappropriate, and thus, the application for compensation is dismissed in accordance with Article 32 (4)