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All appeals by the defendant and the prosecutor are dismissed.
All applications for compensation order filed by an applicant for compensation in the trial shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant, who misleads the Defendant of the fact, merely received hospitalized treatment during a reasonable period of hospitalization, with a significant symptoms to the extent that he/she should actually be hospitalized.
2) The sentence of the lower court (three years of suspended sentence in one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. 1) Determination on the Defendant’s assertion of mistake as to the fact-finding of the disease refers to the treatment under the observation and management of a medical personnel while staying in the hospital for more than 6 hours in accordance with the following provisions: (a) where continuous observation by a medical personnel is necessary in relation to side effects or incidental effects of drugs which are low in the ability to resist or are administered; (b) where management of nutritional conditions and food ingested is necessary; and (c) where the patient’s pains are in a situation where the patient’s condition is unable to cope with the pain or where the patient’s risk of infection exists; and (d) where the patient stays in the hospital and receives treatment; and (e) where the patient resides in the hospital for more than 6 hours in accordance with the following provisions: (a) the patient’s period of stay in the hospital; (b) the patient’s symptoms, diagnosis and treatment of the patient; and (c) the patient’s actions; and (c) the patient’s treatment is not the substance of the hospital treatment; and (d) there is no need for hospitalization.
The act of claiming insurance money by asserting that the insurance company satisfies the hospitalization period stipulated in the insurance terms and conditions without notifying the case of a long-term hospitalization more than necessary by making it possible to mislead the insurance company, constitutes a deception in fraud (see Supreme Court Decision 2004Do6557, Jan. 12, 2006).