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(영문) 대전지방법원 2016.12.21 2016노1981
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the opinion of the Health Insurance Review and Assessment Service, which calculated an appropriate number of days of hospitalization through the medical records of the defendant, the defendant is sufficiently recognized to claim insurance proceeds to the victim company after receiving the insurance proceeds only old and hospitalized treatment without need for hospitalized treatment.

Nevertheless, the lower court found the Defendant not guilty on the facts charged of this case on the sole ground of the medical opinion of the hospital staff in charge of hospitalized treatment at the time when the Defendant was hospitalized. In so doing, the lower court erred by misapprehending the legal doctrine.

2. The judgment of the court below: (1) at the time of the Defendant’s admission into a F Hospital twice (crime No. 6,10 No. 5); (2) at the time of the first hospitalization into a F Hospital; (3) at the time of the Defendant’s hospitalization; (4) at the time of the first hospitalization into a F Hospital; and (5) at the time of the first hospitalization into a F Hospital; (6) at the time of the second hospitalization; (4) the Defendant complained of 10 percent of the climatic climatic clifecium; and (6) at the time of the second hospitalization; and (6) the Defendant complained of 3 percent of the clifecium clifecium clifecium clifecium clifecium clifecium clifecium clifecium clifecium clifecium c.

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