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(영문) 서울북부지방법원 2019.07.25 2018노2340
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles have received treatment by being hospitalized in the J Hospital due to a doctor’s diagnosis due to a minor signboard disorder, etc., and had received surgery and treatment at another hospital before and after the hospitalization of the J Hospital. The Defendant did not deceiving the victims and had no intention to deception. Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case was erroneous or misunderstanding of legal principles. 2) The sentence of the court below against the Defendant is too unreasonable.

B. Defendant E (De Facto M) duly hospitalized the Defendant according to the doctor’s diagnosis, and received treatment in good faith without having been hospitalized without having been hospitalized, and was unaware of the status of operation of the J Hospital.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

C. Defendant C and B1 of the misunderstanding of facts did not appear to have been hospitalized in the J Hospital according to the doctor’s diagnosis and had been faithfully treated, and had been hospitalized in the hospital without permission or without permission during the hospital treatment. The Defendants received hospitalization in another hospital with the same disease before and after the hospitalization in the J Hospital. The Defendants did not constitute deception but did not have the intent to deception the Defendants. Nevertheless, the lower court’s judgment convicting the Defendants of the facts charged in the instant case was erroneous in matters of misunderstanding of facts. 2) The lower court’s punishment on the Defendants of unfair sentencing is too unreasonable.

2. Determination on the grounds for appeal

A. One hospitalization on the Defendants’ assertion of misunderstanding of facts and misapprehension of legal principles means that the continuous observation by a medical personnel is necessary in relation to the side effects of the patients’ resistance against a disease, or the side effects or incidental effects of drugs, the management of nutritional conditions and the intake foods is necessary.

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