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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for a year and two months, for a year of imprisonment for a defendant B, and for a defendant C.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendants were financially able to pay the insurance premiums of the insurance contracts as indicated in the judgment of the court below, and the outpatients or outing out of the hospital were not made without permission during the hospital hospitalization period, and only received hospitalized treatment at the hospital upon the doctor's recommendation, and not entered falsely in order to acquire the insurance money.
Even if so, there was the intent to obtain fraud from the Defendants
The judgment of the court below which found the defendants guilty is erroneous in the misapprehension of facts.
B. The sentence that the court below sentenced the Defendants (Defendant A: January 6, Defendant B: January 1: Defendant C; Defendant C: imprisonment with prison labor for one year and one year) is unfair.
2. Determination
A. 1) In a case where continuous observation by a medical staff is necessary with respect to side effects or incidental effects of drugs, which have low resistance ability to the disease of the patient or are administered, where the management of medication and food, etc. needs to be continued, and thus, the patient’s pain is more inconvenience in treating the patient, or where there is a risk of infection, etc., where the patient’s condition is in a state where the patient’s condition is unable to cope with the patient’s condition or where the patient’s condition is in danger of infection, etc., the relevant legal principle provides treatment while staying in the hospital. As such, the patient’s treatment is being provided under the observation and management of the medical staff, which is the announcement of the Ministry of Health and Welfare (see Supreme Court Decision 200Do654, Dec. 12, 206). However, the determination of whether the patient was hospitalized based only on the patient’s symptoms, diagnosis and treatment, the patient’s behavior, etc. should be made by considering the patient’s symptoms, treatment details, and behavior (see Supreme Court Decision 2005Do654, etc.).