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(영문) 수원지방법원 2019.05.29 2019노876
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) in general, if there is symptoms of the symptoms of the reason for appeal, the court below found the Defendant guilty of the charge and erred by misapprehending the legal principles regarding fraud and violation of the Medical Service Act; and (b) in full view of the following: (a) the Defendant’s physical temperature measurement claimed by the Defendant as a medical treatment is merely a pre- vaccination level; (c) it is difficult to deem that all the visiting patients had symptoms of the symptoms; and (d) it is difficult to deem that the Defendant actually prescribed piracy; and (b)

2. In light of the evidence duly adopted and investigated by the court below and the fact that the defendant had vaccinateded on the same day in the medical treatment while claiming expenses for medical treatment, and the fact that the defendant claimed expenses for medical treatment, ② there are relatively many benefits acquired by the defendant by claiming expenses for medical treatment, whereas there are considerable disadvantages to receive when it was discovered that the defendant claimed expenses for medical treatment while preparing false medical treatment and claiming expenses for medical treatment, ③ it seems that the defendant prescribed piracy selectively (49 pages of the trial record) compared to the possibility of opening the defendant, the court below is sufficiently acceptable to determine the acquittal of the charge on the grounds as stated in its reasoning, and there is no error of law by mistake of facts alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the part of “the state of three and five sides” of the judgment of the court below shall be corrected to “the state of standing”

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