사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The crime of this case is determined by considering the following: (a) the Defendant intentionally faced the body of the Defendant with the vehicle operated by another person over 13 times for three years, causing a traffic accident; and (b) the defrauded amount through the crime of this case reaches KRW 11,463,400; and (c) when considering the method, period, frequency, and amount of fraud, etc. of the crime of this case, the crime of this case is very poor in the nature of the crime; and (d) there is a history of criminal punishment including the Defendant’s punishment, it is necessary to punish the Defendant with strict punishment.
However, there are extenuating circumstances that consider the defendant's confession of the crime of this case and reflects his mistake, the defendant made efforts to recover damage by depositing a total of KRW 5.9 million for the victim insurance companies, and the defendant has no record of punishment for the same kind of crime. Considering all of the sentencing conditions specified in the arguments of this case, such as the above circumstances and the defendant's age, character and conduct, family environment, the punishment imposed by the court below is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Articles 352 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of imprisonment with prison labor.