보험사기방지특별법위반등
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below on the defendant (ten months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the Defendant by the lower court is too unreasonable.
2. We also examine the judgment and the defendant's respective arguments on unreasonable sentencing.
The crime of insurance fraud is likely to undermine the purpose of the insurance system, such as reasonable diversification of risks, and undermine the social functions of the insurance company, and thus, is likely to be subject to criticism by itself. The defendant intentionally made an insurance accident for the crime of insurance fraud, led another person to commit an insurance fraud, and made another person prepare a false medical record book for the convenience of the crime. In light of the fact that the nature of the crime is very bad, and the amount of damage exceeds KRW 100 million, the defendant should be punished for severe punishment.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against the Defendant; (b) the first offender; (c) the return of the insurance proceeds received by the Defendant to the insurance company that is the victim; (d) the co-offenders agreed with the insurance company that is the victim; and (e) the Defendant’s age, character and conduct, environment, family relationship; (b) motive and circumstance of the instant crime; (c) the motive and circumstance of the crime; and (d) the means and consequence of the crime; and (e) all of the sentencing conditions indicated in the records and pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to have exceeded
Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.
However, the prosecutor and the defendant's above assertion are without merit, since they cannot be deemed to be unfair because they are too large as alleged by the defendant.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit.