Text
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for a period of two years and four months;
Reasons
1. Of the facts charged in the instant case, the lower court rendered a judgment of conviction against the charge of assault and intimidation, as to the dismissal of public prosecution, including fraud, extortion, intrusion upon residence, violation of the Guarantee of Automobile Compensation Act, and violation of the Special Act on Insurance Fraud Prevention.
However, only the defendant appealed against the guilty portion, and the dismissal part of the judgment below became final and conclusive separately as it is.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The sentence imposed by the lower court (two years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
3. It is recognized that the crime of this case was committed by the Defendant by defrauding KRW 15,80,000,00 from the victim B for the purpose of the purchase price of trees and the loan, and by taking 7,000,000 won in total from the victim H, and intentionally invaded the victim H’s residence, by intentionally causing a traffic accident over 21 times in total, by taking the damaged insurance company’s location and the victim’s sum of the insurance money and the agreed money, etc., and driving a vehicle not covered by mandatory insurance. The crime is very poor, and the crime was already committed, and the Defendant has already been punished five times in total including the punishment for fraud, and the Defendant did not receive any accusation from the rest of the victims other than three victims.
However, it is also recognized that the defendant recognized his mistake and reflects, agreed with the victim H, paid 3,271,470 won to the victim AR corporation, paid 3,271,470 won to the victim AW corporation, paid 316,270 won to the victim AW corporation, and the defendant's wife wanted the defendant's wife.
In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, the punishment of the court below is too unreasonable.
4. Conclusion.