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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The instant crime is likely to be subject to criticism in that: (a) the act of committing the instant crime is planned and dangerous; and (b) such an act of insurance fraud is not only the damage to bona fide insurers but also the insolvency of the overall insurance finance and the trust of the insurance.
There is no new change in circumstances that could change the sentence of the court below in the trial at the court, and considering various sentencing conditions, such as the age, living environment, role and degree of participation of the defendant, the amount of insurance money acquired through deception ( approximately KRW 63 million), and the circumstances after the crime, the sentence of the court below is not heavy and is executed within the reasonable scope of discretion.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.