2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is a change in the conditions of sentencing compared to the first instance court, and that the first deliberation sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) On the other hand, if the Defendant continuously and repeatedly obtained large amount of insurance proceeds up to KRW 110 million by submitting a false confirmation document, etc. on admission and discharge, and damage caused by insurance fraud, such as the instant crime, is ultimately transferred to the majority of good insurance subscribers.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment; the Defendant recognized all the instant crimes at the time of the first instance trial and reflects the fact that considerable damage was recovered; the Defendant’s damage was agreed with the victim Samsung Samsung Life Insurance Co., Ltd., Samsungsung accident insurance Co., Ltd., Samsungsung accident insurance Co., Ltd., and the prison life insurance Co., Ltd.; the Defendant did not have the same criminal record; the Defendant did not have any other criminal record; and the Defendant’s age, sex behavior, environment, family relationship, motive and circumstance of the crime, means and consequence; and the circumstances after the crime were committed, it does not seem that the lower court’s punishment

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 364 (4) of the Criminal Procedure Act).