공무집행방해등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.
1. The summary of the reasons for appeal is that each sentence (Defendant A: imprisonment with prison labor for 1 year and Defendant B: imprisonment with prison labor for 1 year and 2 months) declared by the court below is too unreasonable.
2. The insurance fraud, such as the crime of this case, as to Defendant A’s assertion of unfair sentencing, is in need of strict punishment, since the insurance fraud, such as the crime of this case, directly damaged insurance companies, causes damage to many good insurance contractors by mediating the insurance companies. Of the insurance fraud crime of this case, the amount of damage caused by the Defendants’ joint crime, KRW 9,047,720, and KRW 28,610,010, the total amount of damage caused by the Defendant A’s crime, up to KRW 37,657,730, and the crime of interference with the performance of public duties like this case requires strict punishment in order to establish the state’s legal order and eradicate public peace. The crime of interference with the performance of public duties of this case was committed by Defendant A by regulating the violation of the Guarantee of Automobile Compensation Act, and the crime of spiting the spitn by assaulting the damaged police officers, is disadvantageous.
However, Defendant A made a confession of each of the crimes of this case, and it appears that Defendant A committed a crime that interferes with the performance of official duties of this case by chance while being drunk, and Defendant A was guilty of the crime of this case (2016 order 6580 order 6580) as stated in the judgment below.
No. 2, No. 3-2, No. 3-2, No. 3-2, and 3-3 among the crime inundations (4) in paragraph (1).
In relation to the order Nos. 2 and 3 of the crime sight table (5), the victim corporation 13,886,150 won was paid to the same fire insurance in Dong department Co., Ltd., and the victim corporation 13,886,150 won was smoothly agreed, and the defendant A did not seek punishment for the defendant A. In relation to the crime inundation table Nos. 3-A of the crime list (2016 order 6580) as stated in the judgment of the court below, the victim corporation 17,128,100 won was damaged to the victim's merts fire marine insurance in relation to the crime inundation Nos. 1 and 3 of the crime inundation list (4).