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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding the facts) is difficult for a physician to refuse the request for hospitalization in the event of a patient’s appeal, and it appears to be difficult for the physician to refuse the request, and that there was a need for hospitalization as far as the intention already permitted to be hospitalized, and that the F Party’s inquiry also made a statement contrary to the contents of advice on the result of reply with a burden on ex post determination of the same doctor’s negligence, and thus, it is difficult to believe the contents of the statement in the court below as it is, as it is, it is difficult for the Defendant to believe that the statement was made several times during the period of hospitalization, and the insurance money received by the Defendant following the purchase of the insurance by the Defendant was repeated, and the insurance money received by the Defendant after the purchase of the insurance, even though it is recognized that the fact that the Defendant received hospital treatment more than
2. Determination:
A. The summary of the facts charged in the instant case was able to obtain insurance money from an insurance company after receiving false or excessive hospitalized treatment with a disease or injury that does not need to be hospitalized, and around September 30, 2008, the Defendant subscribed to the insurance contract of the victims Korea-Japan Non-Life Insurance Co., Ltd. (the non-payment of dividends, medical care insurance, and non-payment of dividends).
피고인은 2008. 10. 20. 경 집에서 무거운 물건을 들다가 갑자기 허리를 삐끗 하였다며 인천 남동구 D에 있는 ‘E 정형외과의원 '에서 허리뼈, 우측 견관절 부의 염좌 진단을 받아 2008. 11. 8. 경까지 20일 동안 입원치료를 받았다.
However, in fact, the defendant was not in the state of receiving hospitalized treatment at the time, and was simply receiving physical therapy, so there was no need to be hospitalized for 20 days as above.
Nevertheless, the defendant was hospitalized for 20 days in order to receive insurance money, and is based on this.