The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below (one year of imprisonment, two years of suspended execution) is too unhued and unfair.

Judgment

The crime of this case is not likely to be committed by deceiving insurance proceeds from a large number of damaged insurance companies by neglecting the necessity of hospitalization even though there is no need for long-term hospitalization after the defendant subscribed to the insurance, and such insurance fraud directly causes damage to the property of the damaged insurance companies, such as the increase of insurance premiums, etc., which ultimately harms the foundation of the insurance system, and eventually causes damage to the large number of good insurance policyholders, so it is necessary to strictly punish the defendant, and that the defendant did not make efforts to recover from damage, etc. is disadvantageous circumstances.

However, in full view of the fact that the Defendant appears to have suffered from a disease that requires hospital treatment to a certain extent, the Defendant received hospital treatment under a similar name even after the instant case, the Defendant had no record of being punished for the same kind of crime, and other factors, including the motive and background of the instant crime, the Defendant’s age, character and conduct, environment, all the sentencing conditions in the instant records, and the scope of the recommended sentencing guidelines (one to four years of imprisonment), it cannot be deemed that the lower court’s sentence against the Defendant is too unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.