A. Defendant 1) In fact, Defendant 1 merely received insurance money in a normal manner through a traffic accident, and did not do so by deceiving an insurance company, but all the facts charged in the instant case are erroneous in the judgment of the court below that found Defendant guilty, thereby affecting the conclusion of the judgment. 2) The sentence of unfair sentencing (10 months of imprisonment) by the court below is excessively unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. The court below found the defendant's assertion of mistake of facts in light of the following circumstances, i.e., the situation at the time of the accident recognized by D's consistent statement, which is the driver of the vehicle as stated in paragraph (1), and the circumstances leading to insurance processing, etc. Then, the court below found the defendant guilty of this part of the crime at the time of the original adjudication, and determined that in light of the following circumstances, the driver's statement that the defendant was unable to witness the vehicle at the time of the accident and did not accept the defendant's claim of damage, and the part that the defendant argued that the driver was faced with the vehicle at the time of the accident at the time of the original adjudication, the driver's time of the accident at the time of the accident at the time of the accident, the driver's accident at most times at night, and the part that the driver paid to the defendant at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident, most of the defendant's claim that the driver suffered injuries or most of the insurance money paid to the victim and the victim.