Text
All appeals filed by the prosecutor against the Defendants are dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
Reasons
1. The decision of the court below (for defendant A, six months of imprisonment, two years of suspended execution, ten months of imprisonment, ten years of suspended execution, two years of suspended execution) on the gist of the grounds of appeal is deemed to be too unfasible and unfair.
2. The following determination is an unfavorable circumstance to the Defendants.
The amount of defraudation caused by the instant crime is very large of KRW 7,1680,000 for Defendant A, and KRW 17,634,00 for Defendant B.
Since the defendants committed the crime repeatedly for a considerable period of time, the nature of the crime is not good.
On the other hand, the following conditions are favorable.
Defendants recognize crimes and reflect the crimes.
Since the whole period of hospitalization of the defendants does not require hospitalization, the criminal intent of fraud is strong.
It does not seem that it does not appear.
Defendant
A agreed with two companies among three damage insurance companies.
Defendants have no record of criminal punishment for the same crime.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment against the Defendants is too uneasible and unreasonable.
3. The Prosecutor’s appeal against the Defendants is without merit and all is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. The application for remedy order by the applicant for compensation is dismissed in accordance with Article 32(1)2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.