The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment) is too unreasonable.

Judgment

It is advantageous to the fact that the defendant repents and reflects his mistake, that the victim does not want to be punished against the defendant under an agreement with the victim N, and that the defendant does not have any record of punishment due to fraud or violence.

[Defense Counsel asserts that the defendant did not take into account Article 52(1) of the Criminal Act even though he/she voluntarily surrenders, the court may voluntarily reduce the punishment even if he/she did so, and since the defendant was arrested by an arrest warrant during the investigation, it is difficult to view that the punishment would be mitigated (see Supreme Court Decision 2011Do12041, Dec. 22, 2011). However, the crime of fraud in this case is deemed that the defendant acquired insurance money worth KRW 102,915,865, 100 in total 44 times by intentionally paying traffic accidents, and requires strict punishment in light of the habitual nature and damage amount of the crime. The defendant assaulted the victim N with K for about 4 weeks, and thus the defendant does not constitute a crime by causing injury to the above victim for a period of less than 6 months, and the defendant has already been sentenced to a fine of less than 2 years [the punishment guidelines for a more than 2-year term of imprisonment with prison labor for less than 16 months].