The judgment below

Part concerning the second offense in the judgment shall be reversed.

The defendant shall be punished by imprisonment with prison labor for 4 months for the second crime.

Summary of Grounds for Appeal

The judgment of the court below (the first crime on the market: a fine of three million won, the second crime in its holding: a fine of two million won) is too uneased and unfair.

Judgment

A. According to the records on the part concerning the first crime of Article 1 of the judgment of the court below, as stated in the first head of the crime in the judgment of the court below, the defendant was sentenced to imprisonment of one year and six months for fraud at the Seoul Central District Court on August 28, 2009, which became final and conclusive on October 12, 2009, and was released on September 30, 2010 and for which the parole period passed on December 18, 2010 (hereinafter “instant criminal record”), so the crime of Article 1 of the judgment of the court below is deemed to be in the relationship between the criminal facts of this case and the latter part of Article 37 of the Criminal Act, and considering a balance between the cases where a judgment becomes final and conclusive, the punishment for the first crime of this case as stated in the judgment of the court below is too unjustifiable.

B. According to the records on the part of Article 2 of the decision of the court below, the crime of Article 2 of the decision of the court below is committed by multiple persons in collusion with others to cause a traffic accident on several occasions, by deceiving a person who is not at the scene of a traffic accident, and thereby deceiving insurance proceeds from an insurance company. It is very poor that such crime is committed, insurance fraud is difficult to discover, and there is a high possibility of recidivism due to the false perception that it can easily obtain money, and thus, it is necessary to punish more severe punishment. The defendant commits the crime of Article 1 of the decision of the court below prior to the execution of punishment due to the crime of this case, and commits the crime of Article 2 of the decision of the court below, which is again committed by the accomplices of the crime of Article 1 of the decision of the court below,

In addition, in light of the balance of sentencing with co-defendants who are co-defendants, the court below's punishment is too unfortunate and unfair.

3. The prosecutor on the first crime as stated in the judgment below.