The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (6 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The instant crime of violation of the Mental Health Act is acknowledged inasmuch as the Defendant failed to comply with the discharge order issued by the Review Committee for Basic Mental Health and Welfare, thereby infringing on the patient’s physical freedom. The Defendant’s medical care allowance travel expenses received as a result of the instant crime of violation of the National Health Insurance Act exceed KRW 60 million.

However, it is difficult to immediately implement the discharge order for patients subject to the discharge order due to reasons such as there is no guardian.

In addition, although the defendant was to receive the medical care allowance in a fraudulent way, it is not a receipt of the patient's hospitalization.

It seems that approximately KRW 33,00,000 out of the cost of medical care benefits received illegally by the defendant was recovered, and the remainder of the cost of medical care benefits is also recovered.

There are no criminal records for the defendant, and there is no past record of punishment of imprisonment or imprisonment without prison labor or a heavier punishment.

The defendant confessions a crime and reflects his wrongness.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

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.