The prosecutor's appeal is dismissed.

All applications for compensation by applicants for compensation in the trial of the party shall be dismissed.

1. The court below rejected the application for compensation of the applicant for compensation filed by the applicant for compensation at the court below. The judgment dismissing the application for compensation cannot be filed pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and the application for compensation in this part was immediately finalized.

Therefore, among the judgment below, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. According to the summary of the grounds for appeal submitted by the prosecutor, the fact that the defendant filed a claim for medical treatment more than necessary and acquired insurance money by deceit can be fully recognized. The judgment of the court below which acquitted the defendant is erroneous in misunderstanding of facts.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The judgment of the court below is based on the following facts: among evidence that correspond to the facts charged, the "examination opinion, such as the appropriateness of the period of hospitalization at a medical care institution," of the Health Care Review and Assessment Service, has no admissibility of evidence, and there is a limit to judged only based on the medical records, etc.; the result of the inquiry inquiry into the medical records of K, which is the core evidence; the defendant conducted proper hospitalized treatment according to the judgment of the doctor or herb doctor in charge; thus, the necessity of hospitalized treatment and the appropriateness of the period of hospitalization should be respected; although the defendant was out of the hospital at the time of hospitalization, it is difficult to view that the hospitalized treatment is unnecessary solely on the ground that there were many other hospitals' diagnosis and drug preparation; and C filed a lawsuit against the defendant for the return of the insurance proceeds paid to the defendant in relation to the insurance contract as stated in the facts charged, but it is also based on the entrustment of appraisal of medical records conducted in the relevant lawsuit.