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1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for ten months;
3. However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal asserts to the effect that the punishment imposed by the lower court (ten months of imprisonment) is too unreasonable, and the prosecutor asserts to the effect that the sentence imposed by the lower court is too uneased and unreasonable.
2. The judgment of the court below is that each of the crimes of this case was committed by deceiving each insurance company, the victims, thereby deceiving approximately KRW 17,936,00,00 in total of insurance money, KRW 42,370,00 in total, and KRW 42,370,00 in total, and KRW 100,000 in total of insurance money exemption from insurance money, and there are unfavorable circumstances such as the crime law and the amount of damage, but the crime is not good in light of the nature of the crime, and the liability for the crime is also heavy. However, the defendant all of the crimes of this case, when the defendant was found in the trial, the victim Korean-Japan Life Insurance Co., Ltd. and the AI Life Insurance Co., Ltd. agreed with the victim so that the above victims want to take the defendant's wife, and deposit KRW 20,000 in Korea for the victim mert Life Insurance Co., Ltd., the defendant was a primary offender with no criminal history, the defendant's Alhn-le's old type of illness, dementia and illness, etc.
Therefore, the defendant's assertion of unfair sentencing is without merit and prosecutor's assertion of unfair sentencing.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
(Inasmuch as the original judgment is reversed, the prosecutor’s appeal shall not be dismissed separately from the main text of the judgment). Criminal facts and summary of evidence acknowledged by the court are the same as the facts constituting the original judgment.