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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
The judgment below
part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. A prosecutor 1) misunderstanding of facts (as to the acquittal portion), the defendant suffered from a cage cage cages, etc. which require approximately eight weeks of medical treatment due to a traffic accident from May 22, 2011, but in light of the various circumstances, it is recognized that the defendant did not need medical treatment for 41 days. Therefore, even though the defendant could be found to have the criminal intent to defraud the defendant about fraud No. 7-1 of the annexed crime list, the court below acquitted the defendant of this part of the charges. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The punishment (one year of imprisonment) sentenced by the court below (as to the portion of the crime of unfair sentencing) is too unreasonable.
2. Determination
A. Examining the evidence of this case as to the prosecutor's assertion of mistake of facts in light of the records, the court below is justified in finding that the evidence submitted by the prosecutor alone for the reasons stated in its holding cannot be deemed as proven the facts charged No. 7-1 of the annexed crime list to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge this, and the court below acquitted the prosecutor of this part of the facts charged, and there is no error of mistake of facts as argued by the prosecutor
Therefore, the prosecutor's above assertion is without merit.
B. As to the assertion of unfair sentencing by the Defendant and prosecutor on each of the grounds of unfair sentencing by the Defendant and prosecutor, in light of the following: (a) the nature of the crime is extremely bad in light of the mode, method, frequency, etc. of each of the instant crimes; (b) insurance fraud is necessary to strictly punish the Defendant and prosecutor in a manner that harms the foundation of the insurance system by impairing the purpose of the insurance system, promoting speculative spirit, promoting a reasonable diversification of risks, and causing the sacrifice of many subscribers.