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(영문) 광주지방법원 2018.04.24 2017노2398
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court found the Defendant guilty on the grounds of fraud listed in No. 54 of the List of Crimes No. 54 as indicated in the judgment of the lower court and found the remainder of the facts charged

However, the defendant appealed against the guilty portion on the grounds of mistake of facts and illegality of sentencing, and the prosecutor appealeds only for the guilty portion on the grounds of illegality of sentencing, and thus, the acquittal portion on the grounds of the judgment of the court below was judged to have been exempted from the object of public defense among the parties.

I would like to say.

Therefore, the trial court did not re-examine and decide on the part of innocence, and only the part of the judgment of the court below is judged.

2. Summary of reasons for appeal;

A. Defendant 1) The Defendant asserting the misunderstanding of the fact is merely a patient who received hospitalized treatment at a hospital upon the doctor’s recommendation when there is a substantial need for hospitalization. As such, the Defendant acquired insurance money by

shall not be deemed to exist.

Nevertheless, there is an error of misconception of facts in the original judgment that found all the remainder of the facts charged except the frauds listed in No. 54 of the annexed crime list in the decision of the court below.

2) The lower court’s punishment (one year and six months of imprisonment) that was unreasonably alleged in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Judgment on the Defendant’s assertion of mistake of facts

A. Relevant legal principles refer to hospitalization of a patient, where continuous observation of a medical staff is necessary in relation to the side effects or incidental effects of the patient’s disease which are very low or covered by drugs, where management of nutritional conditions and foods ingested is necessary, and the treatment of drugs is continuously required, so that the patient’s pains are more inconvenience in treatment, or where the patient’s condition is in a state of being unable to cope with the patient’s disease or where the patient’s risk of infection exists, etc., and where the patient stays in the hospital.

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