2. Although the judgment on the grounds of appeal in light of the form of the instant crime and the violation of the State’s function arising therefrom, etc., it appears that the court below determined the punishment in light of all such factors. However, there are no special circumstances to change the sentence. On the other hand, the Defendant did not have any record of criminal punishment; the amount of the insurance benefits paid unlawfully is a small amount; the Defendant’s age, character and behavior, career, environment, motive, means and consequence of the instant crime; and other circumstances indicated in the records and arguments, such as the circumstances after the crime, are determined within a reasonable and appropriate scope, and the sentencing of the court below is not determined as unjust.

Therefore, prosecutor's assertion is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.