특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. Each of the instant crimes is not good in light of the frequency, method, and content of the crime, where the Defendant intentionally caused a traffic accident, thereby damaging the damaged vehicles, causing injury to the victims, and he/she acquired or acquired insurance proceeds to a third party, and thus, the commission of the crime was not sufficient to recover the damage of the insurance fraud crime (around 30 million won) and the special damage crime ( around 5 million won).
However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects his depth; (b) the Defendant did not want the punishment of the Defendant; (c) the Defendant did not have any criminal record exceeding the fine; and (d) the degree of injury the victims of special injury are relatively minor; and (c) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the offense; and (d) the sentence of the lower court is somewhat unreasonable.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] The summary of facts constituting a crime and evidence recognized by this court is identical to the description of each corresponding column of the judgment of the court below, except for the alteration of " October 7, 2016" to " October 7, 2017," among the facts constituting a crime in the judgment of the court below, as stated in Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2(1) and 257(1) of the Criminal Act (the point of carrying a dangerous article), Articles 369(1) and 366 of the Criminal Act (the point of destruction of a dangerous article), Article 8 of the Special Act on the Prevention of Insurance Fraud (the point of possession of an insurance fraud) concerning criminal facts as stated in the judgment of the court below.