The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below (two years of suspended sentence in six months of imprisonment) is too unfluened and unfair.

Judgment

The crime of insurance fraud, such as this case, is an unfavorable circumstance that requires strict punishment due to severe social harm, such as the transfer of economic damage to a large number of general consumers, and that the amount of defraudation is not more than KRW 30 million, and that it is not agreed with the victims until this court.

However, considering the following as a whole: (a) the Defendant recognized his mistake; (b) it appears that there was a need to partially hospitalization of the Defendant; (c) the responsibility of the medical institution that impliedly aided or aided the Defendant’s hospitalization is more favorable; and (d) the Defendant is a class 5 disabled person; and (e) the circumstances of the instant crime; (b) the circumstances following the instant crime; and (c) the Defendant’s age, character and conduct, and environment, the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.