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Defendant
All appeals by M and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (2.5 million won of a fine) is too unreasonable.
B. The sentence of imprisonment (eight months of imprisonment) imposed by the lower court on the Defendant A of the public prosecutor is too unhued and unreasonable.
2. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, circumstance and contents leading to the instant crime, circumstance after the crime, etc., the sentence of the lower court is too unreasonable, and thus, the Defendant’s aforementioned assertion is unreasonable, on the ground that it is unreasonable in full view of all the following circumstances: (a) although the instant insurance fraud crime was committed in response to the confession of the instant facts charged; (b) there is a significant social harm, such as giving rise to a large number of good general subscribers to economic damage; and (c) the Defendant failed to pay damages without agreement with the victims.
3. Although the amount of damage caused by the instant fraudulent act was not small, the Defendant did not agree with the victims and did not repay the damage, and most of the insurance contracts that the Defendant represented for the conclusion of the contract appears to have been used in the insurance fraud crime, in consideration of the equity with the case where the judgment was rendered together with the fraudulent case as stated in the first head of the judgment of the court below, in light of all the sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances after the crime, etc., the lower court’s punishment is deemed to be unfair, and thus, the prosecutor’s aforementioned assertion is without merit.
4. As such, the appeal by the defendant M and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.