보험사기방지특별법위반등
The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C A person shall be punished by imprisonment of one year and six months.
Defendant
A.
1. The summary of the grounds for appeal is as follows: each sentence against the Defendants (Defendant A: No. 4. A. 1 of the crime No. 1 of the judgment of the court below, No. 1 of the crime No. 1 of the annexed Table No. 1 of the judgment of the court below, and the crime No. 2 of the judgment of the court below No. 1 of the court below, the remaining crimes of the No. 1 of the judgment of the court below, and the crime of the No. 3 of the judgment of the court below, 1 year and 10 months
2. Determination ex officio on Defendant C
A. “A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and conclusive” falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, considering equity in cases where a crime for which judgment has not been rendered among concurrent crimes under Article 39(1) of the Criminal Act and a crime for which judgment has become final and conclusive at the same time, a sentence shall be imposed on the relevant crime. If an offense for which judgment has not yet become final and conclusive cannot be rendered concurrently with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that a sentence may not be imposed concurrently in consideration of equity or mitigation or exemption of such punishment (see, e.g., Supreme Court Decision 2013Do1203, May 16, 2014). Meanwhile, according to evidence duly admitted and examined by the lower court, Defendant C shall be sentenced to imprisonment with prison labor for not more than 2 years and for not more than 10 years, with prison labor for the same offense, for which judgment has become final and conclusive by a final and conclusive judgment (hereinafter referred to as imprisonment with prison labor for 20 years).