사기
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (for Defendant A: 10 months of imprisonment; 2 years of suspended sentence; and 3 million won of fine) is too unfluent and unreasonable.
2. The insurance fraud, such as the instant crime, is a direct victim, thereby causing damage to a large number of good insurance contractors by mediating the insurance company, and thus, requires strict punishment. The fact that the total amount of the fraud by the instant crime is a large amount is disadvantageous to the Defendants, but the fact that the Defendants recognize and reflect the instant crime, the fact that there was a need for medical treatment to a certain extent, and that it is favorable for the first offender.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, environment, etc., as well as various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too uneasible and 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.