The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (in fact-finding) medical analysis and advisory data, the Defendant did not have to undergo hospital treatment and received hospital treatment repeatedly by repeatedly being hospitalized, and the grounds for the necessity of hospital treatment are only subjective pain of the Defendant, and there is no evidence to justify hospital treatment, considering that some details of hospital treatment were omitted.

In light of this, the judgment of the court below which acquitted the defendant of the facts charged of this case, even though the defendant received hospitalized treatment without the necessity of hospitalized treatment and the criminal intent to obtain insurance money, is erroneous.

2. The lower court determined as follows based on the evidence duly adopted and investigated: (a) If a doctor in charge of direct treatment for a patient determined hospitalization by taking into account the patient’s symptoms, diagnosis and treatment methods, contents, etc. with discretionary authority, the materials that mainly determined on the basis of medical records cannot be readily concluded that there was an error in the judgment of the prime doctor solely based on the records of medical treatment; (b) the N company’s medical analysis and advisory materials are merely those based on the medical records, etc., rather than directly checking the status of the Defendant at the time of hospitalization; and (c) the Defendant neglected the symptoms to the extent that the judgment of the prime doctor would mislead.

or did not notify that such notice should be given.

(4) In full view of the following, the evidence submitted by the prosecutor alone is insufficient, taking into account the following circumstances: (a) the Defendant was not in fact at knee and knee, such as verification of the cross-frequency of the right slot line, the cross-frequency of the right side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side side