사기
All appeals by the defendant and the prosecutor are dismissed.
1. The court below rejected the applicant’s application for compensation of the fire marine insurance company’s marine insurance company, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not appeal the judgment dismissing the application for compensation. Thus, the part dismissing the above application for compensation became final and conclusive immediately.
Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.
2. Summary of grounds for appeal each sentencing (the sentence of the lower court shall be punished by imprisonment with prison labor for up to eight months);
3. We examine the reasoning of the judgment and the prosecutor together.
A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.
B. The lower court determined a sentence by comprehensively taking account of the following factors: (a) the Defendant’s primary agreement with the applicant for compensation, and favorable circumstances that the Defendant is the primary offender who has no criminal history; and (b) the Defendant, after purchasing various insurance policies for the purpose of obtaining insurance money by deception, the nature of the crime of the instant crime that was received by receiving insurance money is not good; and (c) the fact that some damage has not been recovered even though the total amount acquired by deception was a very large amount of KRW 150,000,00,000; and (d) other factors such as the frequency and method of the crime, total amount of the insurance money acquired by deception, the Defendant’s age, sex behavior, environment, circumstance of the crime, and circumstances after the crime.
(c)
The grounds for each unfair sentencing alleged by the defendant and the prosecutor are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have changed otherwise.
There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.
. The defendant and the prosecutor.