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The judgment below
The guilty portion against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles, even though the Defendant constitutes a co-principal of the crime of violation of B, C, or Special Act on Insurance Fraud Prevention, the lower court erred by misapprehending the legal principles and erroneous determination of not guilty. 2) The lower court’s sentence of unfair sentencing (10 months of imprisonment) is too unfeasible
2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles
A. The summary of this part of the facts charged is as follows: (a) the Defendant and B conspired with the insurance company to intentionally cause a traffic accident and receive insurance proceeds from the insurance company. B, around 21:00 on July 12, 2016, operated a X A6 car on the roads near the Incheon Gyeyang-dong Trackdong, Incheon, and the Defendant discovered ZM 3 car of YM in the opposite part while driving in the direction of the shift station in the direction of the shift station in the Gyeyang-gu Police Station. The Defendant intentionally conspired with the Defendant and the insurance company to receive the insurance proceeds under the pretext of the agreement between the Defendant and the Y3 car and the ZM3 car driving seat, and intentionally caused the accident by shocking the sM3 car first and after the sM3 car driving seat. Nevertheless, the Defendant and B were to receive the insurance proceeds from the victim A corporation with the highest damage caused by the accident, and the Defendant, under the pretext of the agreement between the Defendant and the insurance company and the insurance company 1940, 1960
C On April 24, 2017, around 00:20, at the AC front of Incheon Gyeyang-gu, a car for AD's franchise shall be operated, and the defendant shall be accompanied by the franchiseer's car and shall be accompanied by the pedestrian belt at the seat of Gyeyang-gu Office.