beta
Text
Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to Defendant A (one year and six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below on the defendants (the defendants A: one and half years of imprisonment, one and half years of probation, three years of probation, probation, and 200 hours of community service) is too uneased and unreasonable.
2. Determination
A. We also examine the Defendant A’s and the Prosecutor’s argument on unreasonable sentencing.
It is favorable to the defendant that the defendant makes a confession of the crime and reflects it when the defendant is in the first instance.
On the other hand, after having subscribed to multiple insurance, the Defendant acquired approximately KRW 96 million by applying for insurance money due to a false accident for a long time. The crime is not very good, the Defendant appears to have led the instant crime, which is a significant criminal that undermines the foundation of the insurance system by impairing the purpose of the insurance system, i.e., reasonable diversification of risks, and causing the sacrifice of a large number of subscribers, such as the instant crime, and that the Defendant has been sentenced to a fine for the same type of crime, one time of suspended execution, one time of fine, and six times of fine for the crime is disadvantageous to the Defendant.
In light of the aforementioned circumstances and other circumstances leading to the instant crime, including the circumstances and motive, the circumstances after the commission of the crime, the age of the accused, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommending punishment] general fraud [the scope of the recommended punishment] and the aggravated area (one year to two years and six months] (a person under special relationship] of the aggravated area (one year to two years and six months), the lower court’s sentence is too heavy or unreasonable. Thus, it is difficult to deem that the sentence of the lower court is too heavy or it is unreasonable.