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(영문) 대전지방법원 2020.09.02 2019노2545
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. The fact-finding inquiry reply to the purport that the measures of hospitalization against the Defendants were appropriate based on the evidence submitted by the prosecutor (i.e., the defendants) was sent to the defendants around 2018, after a considerable period of time from the date of hospitalization, not by the memory of the medical staff directly treated the Defendants, but by the ex post examination and presumption based on the medical records possessed by the relevant hospital. The credibility of the examination and assessment agency or M has no direct interest with the Defendants, and there is relatively high credibility of the response data with the agencies evaluating the propriety of hospitalization on the basis of the relevant data. ② The defendants’ husband's 2 million won and rent for the year when the defendant's 100,000 won were collected, and the defendants were admitted to the examination and assessment agency or M did not have any special interest in the examination and assessment agency or M did not expect to respond to the decision of direct hospitalization. As of October 10, 2013, the defendants had no special interest in the examination and assessment agency's insurance premiums for the same long-term period of hospitalization.

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