사기
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for one year of imprisonment, one year of observation of protection, and 80 hours of community service) is deemed to be too uneasible and unfair.
2. The insurance fraud crime of this case is disadvantageous to the victims, including the fact that the purpose of the insurance system, i.e., the distribution of reasonable risks, and the transfer of burden to a large number of good insurance subscribers, etc., are significantly harmful to society.
On the other hand, there was a need for hospitalization to a certain extent by each hospitalization.
The fact that there is no record of punishment for the defendant beyond the fine, and that the defendant deposited a total of KRW 10 million for the victims, etc. are favorable circumstances.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.