사기등
The judgment of the court below is reversed.
As to the defendant's crime Nos. 1 through 5 of the list of crimes attached to the judgment of the court below.
1. The summary of the grounds for appeal is that each of the punishments imposed by the court below [each of the crimes listed in the annexed crime list (hereinafter referred to as the "crime list") No. 1 to 5: Imprisonment with prison labor for 4 months, net 6 times or 17: Imprisonment with prison labor for 1 year and 2 months] is too unreasonable.
2. The crime of this case is a factor for sentencing unfavorable to the defendant, such as the following facts: (a) the defendant intentionally induced an accident with multiple accomplices; and (b) the crime of this case is deemed to have acquired money equivalent to KRW 88 million from insurance companies under the pretext of agreement, etc. by disguiseding the above accident as an insured event; (c) the social harm caused by such a crime is not serious; (d) the crime was committed over a considerable period of time; and (e) the number of times the crime was committed; and (e) the defendant has a history of being punished by a suspended sentence of imprisonment due to special
However, in full view of all of the sentencing conditions in the records and arguments in this case, including the fact that the defendant was divided into the errors and that there was considerable cooperation in the investigation by the investigation agency, that the defendant paid the amount of damage at the court below, that the victim did not agree with the Commercial Reinsurance Co., Ltd. in the modern era of the victims, that there was no history of punishment due to the same type of insurance fraud, that the defendant did not have any history of punishment due to the same type of insurance fraud, and that the defendant should consider equity with the case where judgment is rendered simultaneously with each crime of the final judgment in the court below, and that the sentence imposed by the court below is recognized as unfair. Thus, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Judgment] Summary of criminal facts and evidence recognized by this court is summary of facts and evidence.