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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The defendant asserts that the defendant's punishment (two years of imprisonment with prison labor) declared by the court below is too unfasible, and the prosecutor is too unfased and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by obtaining insurance proceeds and agreed money from an insurance company by pretending that an accident occurred by intentionally causing a traffic accident against a large number of unspecified drivers. The method of crime is planned and dangerous. Such insurance fraud is likely to be criticized in that not only the damage to the bona fide insurers, but also the insolvency of the overall insurance finance and the trust of the insurance.
It seems that the insurance money acquired by the defendant has reached KRW 150 million, and the damage has not been recovered to the victims of the traffic accident.
However, even though the defendant was subject to multiple juvenile protective disposition, there is no record of punishment heavier than a fine, since he became an adult.
Defendant
In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.
In addition, when comprehensively considering various sentencing conditions, such as the defendant's age, growth background, motive of the crime, period of the crime, degree of participation, and the scope of recommended punishment according to sentencing guidelines, the punishment sentenced by the court below cannot be deemed unfair or too heavy.
3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.