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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unhutiled and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.
This case is so-called insurance fraud, and the social harm of the criminal is considerable to a large number of good insurance policyholders, and the crime period of this case is a long-term period of about two years and eight months, and multiple victims are also a large number of victims, the damage amount of this case exceeds 44 million won, and the damage company did not reach an agreement with the victim company, etc., which are disadvantageous to the defendant.
However, it seems that the defendant needs to be treated to a certain extent, and the degree of deception corresponds to cases where the victim company is weak, the victim company is also responsible to some extent for the occurrence or expansion of damage, there is no criminal records exceeding the same kind and fine for the defendant, and the fact that the defendant is against the defendant is favorable to the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relations, etc. as well as various conditions of sentencing as indicated in the pleadings and records, the lower court’s sentence cannot be deemed unreasonable because it goes beyond the scope of reasonable discretion.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.