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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Regarding the non-guilty part of the judgment of the court below in the misconception of facts, according to the evidence submitted, the court below judged otherwise and found the defendant not guilty of this part of the charges, even though the defendant did not need hospital treatment or required hospital treatment as to each fraud as stated in the annexed crime sight table Nos. 5, 6, 9, 10, 12, 13, 15, 17, 18, 19, 22 through 28, 30, 31, and 32 of the annexed crime list, as stated in the facts charged, even though it is sufficient for the hospitalization period rather than the actual hospitalization period, even though it is sufficient to recognize the fact that he received the insurance money by deceiving the victims of
B. The sentence imposed by the court below on the defendant (two years of suspended sentence for eight months of imprisonment) is too uneasible and unfair.
2. Determination
A. The court below's decision on the assertion of mistake of facts is just in finding the defendant not guilty of this part of the facts charged on the ground that it is difficult for the judge to sufficiently prove that the defendant, even though it is not necessary to conduct hospital treatment or that the defendant was guilty of the insurance money by deceiving sufficient victims only during the hospitalization period that is less than the actual hospitalization period, even though it is not sufficient enough to exclude reasonable doubt, the court below found the defendant guilty of this part of the facts charged on the ground that the evidence submitted by the prosecutor alone is not erroneous in the misapprehension of facts as pointed out by the prosecutor.
In addition, there is no other evidence to prove the above facts charged in the trial. Thus, the prosecutor's assertion is without merit.
The prosecutor asserts that the admissibility should be recognized in accordance with Article 314 of the Criminal Procedure Act with respect to the part of documents related to medical record consultation, which is prepared by the R of Han and advisory.
The Criminal Procedure Act, the Criminal Procedure Act.