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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. In fact, the lower court found the Defendants guilty of all the charges of fraud against the Defendants, but the Defendants and their children did not receive adequate hospitalized treatment due to injury and disease, but did not have obtained insurance money by means of unnecessary hospitalization even though it is possible to receive hospital treatment.
Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.
B. The sentence sentenced by the court below (2 years and six months of imprisonment, 1 year and two years of suspended sentence) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendants ex officio, as seen below in the facts charged by the prosecutor at the time of the trial, the changed prosecutor voluntarily withdrawn part of the charges of fraud against the Defendants [the part of the details of the claim for insurance money on the crime list (the part of the contents of the medical records, or the part that can be recognized as reasonable as a result of inquiry of the fact that the medical records are unclear or, etc.)]. Since this court permitted this and changed the subject of the judgment, the part of the judgment of the court below as to the Defendants could no longer be maintained.
However, notwithstanding the above reasons for ex officio reversal, the Defendants’ misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of the court. Therefore, we will review below.
B. Determination as to the assertion of misunderstanding of facts or misapprehension of legal principles (based on the facts charged modified in the trial) where a continuous observation by a medical personnel is necessary in relation to the side effects or incidental effects of the patient's disease which are very low or administered by the patient, the management of nutritional conditions and foods ingested is required.