The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year.

(b).

1. The summary of the grounds for appeal is that each punishment of the lower court against the Defendants (two years of suspended sentence for one year of imprisonment, two years of suspended sentence, and three hundred hours of community service order) is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendants conspired to receive insurance proceeds from industrial accident compensation in collusion, and thus, the nature of the crime is not good in light of the form of the crime and the method thereof, and the Defendants had been punished several times due to the crime of this case.

However, there are favorable circumstances, such as the fact that the Defendants recognized the crime of this case and against the mistake, that the amount of money received as a result of the crime of this case should be paid as unfair gains, and that the Defendants did not have any record of punishment for the same kind of crime.

In addition, comprehensively taking account of the Defendants’ age, sex, environment, background, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment against the Defendants is somewhat unreasonable.

Therefore, the defendants' arguments are justified.

3. As such, the part of the judgment below against the Defendants among the defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 127(2) of the Act on the Compensation Insurance for Industrial Accidents (Amended by Act No. 14499, Dec. 27, 2016); Article 30 of the Criminal Act; the choice of imprisonment for a crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (amended by Presidential Decree No. 1720, Feb. 1, 201);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.