보험사기방지특별법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. The Defendant’s negligence caused a serious consequence of the death of the victim F due to a traffic accident that resulted from the Defendant’s negligence; thereafter, H, other than the Defendant, committed the instant fraud and the crime of aiding and abetting another person to commit a traffic accident, etc. are disadvantageous to the Defendant.
However, the court below's sentence is too unfair in light of all the sentencing conditions, such as the defendant's age, sexual behavior, environment, motive, means and consequence, etc., and all of the sentencing conditions, such as the defendant's age, sexual behavior, environment, motive, means and consequence, etc., are considered to be too unfair, in light of the fact that the defendant is the first offender, the defendant is the first offender, the crime of fraud, and the circumstances that can be considered in the course of the crime of aiding and abetting the victim of the traffic accident, the bereaved family and the victims of the crime of fraud do not want punishment of the victim of the traffic accident.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational negligence, the selection of imprisonment without prison labor), Articles 10 and 8 of the Special Act on the Prevention of Insurance Fraud, Article 30 of the Criminal Act (including the occupation of insurance fraud, and the attempted act), Articles 347(1) and 30 of the Criminal Act (the choice of imprisonment with prison labor), Articles 151(1) and 31(1) of the Criminal Act (the occupation of fraud, the choice of imprisonment with prison labor), Articles 151(1) and 31(1) of the Criminal Act.