보험사기방지특별법위반등
The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Of the facts charged, the first instance court acquitted the Defendant on the following facts: (a) each fraud listed in the annexed Table 1 (1) 3, 4, and 6 of the judgment below; and (b) each violation of the Special Act on Insurance Fraud Prevention listed in the annexed Table 3, 8 of the annexed Table 1 of the judgment below; and (b) acquitted the Defendant on the grounds of the violation of each Special Act on Insurance Fraud Prevention listed in the annexed Table 4, 5, 6, and 7 of the annexed Table 1 of the judgment below; and (c) acquitted the Defendant on the remainder of the facts charged.
As to this, only the defendant appealed against the above guilty part, and the prosecutor did not appeal against the acquittal part of the above order and the acquittal part of the reasoning. ① Since the part of the judgment of the court of first instance against the defendant is separated and confirmed, the scope of the judgment of this court is limited to the remaining part except the above acquittal part (this part is also included in the scope of the judgment of this court, since the defendant appealed against the judgment of the court of second instance that found the defendant guilty of all the facts charged, this part is also included in the scope of the judgment of this court), ② On the other hand, in the case of the acquittal part of the above reasons, even though it is judged in the trial due to the principle of non-appeal of appeal, it can not be judged in the trial as the defendant already escaped from the target of the attack and defense between the parties, and it cannot be judged in the trial (see, e.g., Supreme Court Decision 2009Do12934, Jan. 14, 201
2. Each punishment (one and half years of imprisonment with prison labor, and two months of imprisonment with prison labor) that the judgment of the court below pronounced in the summary of the grounds for appeal is too unreasonable.
3. Prior to the judgment on the grounds for appeal by the defendant, the defendant filed an appeal against the guilty part of the judgment of the court of first instance and the judgment of the court of second instance. The court of first instance concurrently held each of the above appeals cases.