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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for six months and for ten months, each of the defendants D shall be punished.
, however, the defendant.
Reasons
1. The main point of the grounds for appeal is that the judgment of the court below against the defendants (the defendant A: imprisonment of August and the defendant D: imprisonment of 10 months) is undue.
2. Determination
A. Defendant A’s crime is not likely to be committed in a systematic manner with accomplices.
However, the defendant paid 1 million won each to the victim Nonghyup Life Insurance Co., Ltd. and Hyundai Marine Fire Insurance Co., Ltd., and agreed to pay damages to the victim Samsung Fire Insurance Co., Ltd. in the first instance.
In addition, there is no record of punishment for the defendant exceeding the same criminal power or fine.
In addition, considering the degree of the Defendant’s participation in the instant crime, equity with the sentence imposed by accomplices, motive and background, means and consequence of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., the sentence imposed by the lower court is somewhat unreasonable.
B. The fact that Defendant D committed an insurance fraud with his accomplice is disadvantageous to the Defendant.
However, in the court below, the defendant agreed with Mts Fire Insurance Co., Ltd., Dongbu Fire Insurance Co., Ltd., Dongbu Fire Insurance Co., Ltd., Interest Fire Insurance Co., Ltd., KRB Life Insurance Co., Ltd., and Postal Insurance Co., Ltd., and paid the amount of damage to the insurance.
In addition, there is no history that the defendant has been punished in excess of the same criminal power or fine, and the defendant has divided his/her mistake.
Such circumstances and other records of this case, including the degree of the defendant's participation in the crime of this case, equity with the sentence imposed by accomplices, motive, background, means and result of the crime of this case, circumstances after the crime of this case, age, character and conduct, environment, etc.