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The prosecutor's appeal is dismissed.
Reasons
In full view of the evidence submitted by the prosecutor, the court below acquitted the defendant on the ground that the evidence submitted by the prosecutor was insufficient to prove the facts charged. The court below erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
However, the lower court acquitted all of the facts charged of this case on the ground that there is insufficient evidence to prove the facts charged of this case on the grounds of detailed reasons in the part of “3. Judgment.”
In light of the records, a thorough examination of the evidence of this case is justified in the judgment of the court below which acquitted all of the facts charged of this case on the basis of the above determination of evidence.
The results of the fact-finding on the T Hospital(Director M) in the trial of the political party are as follows: "C first fested to the E Hospital on December 7, 201 and consulted on January 18, 201, and undergone the co-operation and a pairing surgery on January 18, 2012. The above hospital confirmed that C before the operation had known about the proficial, and did not prescribe the proficial prescription, and prescribed "the profication as a substitute on the date of the operation."
It is rather inconsistent with the facts charged in the instant case that C, at the time, was prescribed by the above hospital.
The results of fact-finding on the head of the Seoul Regional Headquarters of the National Health Insurance Corporation at the Central Health Insurance Corporation (hereinafter “Seoul National Health Insurance Corporation”) did not include details that C received medical treatment from the above hospital as health insurance between November 1, 201 and December 31, 201, and thus, there is no particular influence on the judgment of the
Therefore, the judgment of the court below cannot be deemed to have errors affecting the conclusion of the judgment, and the prosecutor's above assertion is without merit.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.