beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts: (a) Defendant 1 received insurance money after being hospitalized under normal procedures due to an accident that actually occurred and a subsequent disability or disease caused by the accident; (b) so, Defendant was not guilty of deception or fraud; and (c) the judgment of the court below which found Defendant guilty was erroneous by misunderstanding the fact that there was no intention of deception or fraud, which affected the conclusion of the judgment. (b) The sentence imposed by the court below of unfair sentencing (ten months of imprisonment, two years of suspended execution, two years of social service
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. In a case where continuous observation by a medical personnel is required with respect to side effects or incidental effects of drugs, which have low resistance power to, or are administered with, a disease of the patient, the determination of the mistake of facts means that the patient suffers from treatment while staying in the hospital for at least six hours under the observation and management of the medical personnel in accordance with the following provisions: (a) in a case where the management of the patient’s symptoms and drinking food needs to be continuously conducted; (b) in a case where the patient’s pain and treatment are in a situation where the patient’s condition is unable to cope with pain or where the patient’s risk of infection exists; and (c) in a case where the patient suffers from treatment while staying in the hospital, the patient is being provided with treatment under the medical personnel’s supervision and management; (d) however, the determination of whether the patient was hospitalized cannot be made based on the patient’s symptoms, diagnosis and treatment procedure; and (e) the patient’s treatment hours have been determined after taking full account of the patient’s symptoms, diagnosis and treatment procedure; and (e) the patient’s behavior.