보험사기방지특별법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Determination of the summary of the grounds for appeal (unfair punishment in one year and six months) is unreasonable;
2. While taking into account the Defendant’s reflectivity, AD and AE compensation and agreement, the primary criminal records, etc., the lower court determined the sentence by comprehensively taking into account the nature of the crime, the Defendant’s leading role, the frequency of the crime, the amount of the crime and the amount of the defrauded, and most unrec
The Defendant submitted data that was additionally reimbursed to AD in the appellate trial, submitted a number of rebuttals, and expressed a form of reflection. Family members and supporters also want the Defendant’s preference.
In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 8 of the relevant Act on Criminal Facts, Article 8 of the Special Act on Insurance Fraud Prevention, and Article 30 of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;