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(영문) 부산지방법원 2018.08.17 2018노293
사기
Text

[Defendant C] The part of the lower judgment against Defendant C, excluding the part of the cost of lawsuit.

Reasons

1. Summary of grounds for appeal;

A. Defendant C1) In fact, Defendant C1 only claimed insurance money after being hospitalized due to the symptoms and a leave of absence due to a maternity disease, etc., for which the need to actually be hospitalized, and did not deceiving the insurance company.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous by mistake.

2) Even if the sentencing was found guilty against the Defendant, the lower court’s sentence (10 months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the prosecutor’s Defendants (i.e., Defendant C: 10 months of imprisonment; ② Defendant D’s imprisonment with prison labor for 10 months; 3 years of suspended execution; and order to observe protection) is too uneasible and unreasonable.

2. Prior to the judgment on the grounds of appeal by Defendant C and the prosecutor, the prosecutor ex officio deleted Section 2 of the List of Crimes C from among the facts charged against Defendant C at the trial of the party, and applied for amendments to the indictment with the purport that “159,486,313 won” shall be “159,486,313 won” from “16,06,313 won” ( Accordingly, the total amount of damage inflicted by the post office shall be KRW 50,966,480, the total amount of damage inflicted by the mail office shall be KRW 14,290,950, and the total amount of damage inflicted by the mail sports fire shall be KRW 14,290,950). As such, the part of the judgment of the court below against Defendant C shall not be maintained.

However, despite the above reasons for reversal of authority, Defendant C’s assertion of mistake is still subject to the judgment of this court, and this is examined.

3. As to Defendant C’s assertion of misunderstanding of the facts, in a case where continuous observation by a medical personnel is necessary in relation to the side effects of the patient’s low resistance or the drugs being administered or incidental effects of the patient’s disease, management of nutritional conditions and foods taken in is necessary. As such, the patient’s pain needs to be continuously conducted.

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