2. It is recognized that an insurance fraud crime committed by a judgment has a significant number of insurance proceeds obtained by the Defendant, as the damage therefrom return to a good insurance policyholder, and as a result, it could shake the foundation of the insurance system.

However, taking into account the following factors: (a) the Defendant recognized the instant crime and was against the Defendant; (b) there was no record of being punished for the same crime; (c) the Defendant appears to have been in need of actual hospitalized treatment for a certain period; (d) the victim’s effort was made to return to the victim’s injury; (e) the Defendant’s health is not good; and (e) the Defendant’s age, sexual behavior, environment, developments and motive leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.

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.