Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant was treated normally according to the need for mistake of facts.

Nevertheless, the court below found the defendant guilty of the facts charged in this case and erred by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendant (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. In a case where continuous observation by a medical personnel is required in relation to the side effects or incidental effects of drugs, which have low resistance power to the patient’s disease or are administered, where the management of the patient’s pains and drinking foods is needed, the patient’s pains need to be continuously conducted, and thus, the patient’s pains are in a situation where the patient’s condition is unable to cope with the patient’s disease or where the patient’s risk of infection exists, etc., and the patient is staying in the hospital and under the patient’s treatment under the observation and management of the medical personnel, as publicly notified by the Ministry of Health and Welfare, such as “detailed details on the criteria and method for the application of medical care benefits,” refers to the patient’s stay in the hospital for more than 6 hours, based on comprehensive consideration of the period of stay in the hospital, the patient’s symptoms, diagnosis and treatment, the patient’s behavior, etc., and thus, the insurance company did not inform the doctor of the need for hospital treatment, without notifying the need for hospital treatment.