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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each punishment sentenced by the court below (the crime No. 1 in its holding: imprisonment with prison labor for 2 months, and a crime No. 2 in its holding: imprisonment with prison labor for 8 months) is too unreasonable.
B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.
2. Determination is recognized that the Defendant made a confession of all the crimes and divided his mistake, there is no record of punishment for the same crime, and that the Defendant should be sentenced to punishment in consideration of the case of aiding and abetting Traffic Act (non-licenseless driving) and equity in the case of a crime of insurance fraud caused by a intentional accident on February 20, 2017.
However, each of the crimes of this case committed in collusion with accomplices by the defendant intentionally committed a violation of traffic laws and regulations, such as the invasion of the central line or the modification of the company's own car line, and by receiving damage from the insurance company, and then by deceiving the insurance company under the pretext of agreement and treatment expenses. The crime of insurance fraud of this case is very heavy. It is necessary to punish the criminal act of this case as the crime of impairing the purpose of the insurance system, i.e., reasonable diversification of risks, imposing economic burdens on many good general insurance subscribers, or increasing social expenses by inducing moral hazard. Each of the crimes of this case was planned and organized, each of the crimes of this case was committed in a planned and organized manner, and the total amount of damages exceeds KRW 58 million. The defendant did not have to be easily considered the degree of participation in the crime, such as intentionally taking part in the crime by proposing or driving the crime directly to some accomplices, and the number of accidents received by it is doubtful from the insurance company.