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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.09.16 2015노1440
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants had no intention to acquire insurance money as stated in each of the facts charged in this case, since they were hospitalized in the DNA prison department due to the necessity of hospitalized treatment at the time.

B. Each court below’s sentence (Defendant A: a fine of 700,000 won, Defendant B: a fine of 300,000 won) against the Defendants claiming unreasonable sentencing is too unreasonable.

2. Judgment on the defendants' assertion of mistake of facts

A. In a case where continuous observation by a medical staff is necessary with respect to side effects or incidental effects of drugs, which have low resistance power on a patient’s disease or are administered, where the management of drugs and drinking foods is needed, the treatment of the patient’s pain is continuously necessary, and the patient’s condition is in a situation where the patient’s condition is unable to cope with pain or where the patient’s risk of infection exists, etc., and the patient suffers from the treatment while staying in the hospital. In accordance with all the provisions of “detailed matters on the criteria and method for the application of medical care benefits”, the announcement of the Ministry of Health and Welfare (the announcement of the Ministry of Health and Welfare), etc., it means that the patient suffers from the treatment under the observation and management of the medical staff while staying in the hospital for more than six hours. However, the determination of whether the patient was hospitalized based only on the patient’s symptoms, diagnosis and treatment procedure, the patient’s actions, etc. should be made based on the comprehensive consideration of the patient’s symptoms, treatment procedure, etc., and the patient’s treatment need is not necessary.

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