The prosecutor's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

1. According to the summary of the grounds for appeal (the factual errors or misapprehension of the legal principle), the court below found the defendant not guilty on the grounds that the examination of the medical doctors of the defendant was not prior to the examination, although the court below could fully recognize the facts charged in this case, and there were errors in the misapprehension of legal principles or misconception of facts.

2. Determination

A. According to the evidence duly admitted and examined by the court below, there is a fact that there are some circumstances to suspect the defendant's guilty of the facts charged in this case.

However, in a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to cause the judge to feel true that the facts charged are true beyond a reasonable doubt, and if there is no such evidence, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

B. (See, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001).

For the reasons indicated in its holding, the lower court rendered a not-guilty verdict on the facts charged in this case on the grounds that there is no proof of crime, and considering the following additional circumstances in addition to the relevant legal principles and the records of this case, the lower court’s above determination is justifiable, and it does not seem to be erroneous in matters of mistake

(1) In the case of an insurance fraud by deceiving an insurance company through the method of receiving unnecessary hospitalized treatment or beyond an adequate period of hospitalized treatment, the insured, i.e., the patient (it may not be a patient with a true meaning, but hereinafter referred to as “patient”) cannot be voluntarily hospitalized treatment, and the doctor’s decision is necessarily required for hospitalized treatment.