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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. On the other hand, as the court below explained in the unfavorable circumstances against the defendant, the crime of insurance fraud of this case, such as this case, is no less than that of a good insurer, but there is no specific penalty power except that of a fine of KRW 300,000 as a result of the crime of violating the Juvenile Protection Act in 2009, and the defendant has committed a serious violation of the facts of each of the crimes of this case which were partially denied in the court below since it was in the first instance, and the above victims are not subject to the punishment of the defendant by mutual agreement with the victim M& corporation and G corporation. In addition, considering the following factors: the defendant's age, character, family environment, motive, means and result of the crime, the circumstances after the crime, etc., the sentence of the court below is deemed to be unfair because it is too unreasonable.
3. In conclusion, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are identical to each corresponding column of the judgment of the court below, except for adding ‘the defendant's oral statement at the court of first instance' to the first instance, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 347 (1) and 30 of the multiple-choice Act, Articles 352 and 347 (1) of the Criminal Act, Article 8 of the Special Act on Insurance Fraud Prevention, and Selection of Imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;