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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The instant traffic accident occurred due to an unreasonable change in the vehicle line by the other driver AJ. Thus, although the Defendant did not have obtained insurance money by pretending the traffic accident with the joint Defendant AH and the original judgment, the lower court found the Defendant guilty of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court to the Defendants (Defendant A: Imprisonment with prison labor for 7 months, Defendant G: fine of 2 million won) is too unreasonable.
2. Determination
A. Defendant G argued that the above facts were the same as the assertion of mistake in the lower court, and the lower court rejected the above assertion in light of the evidence duly admitted and investigated by the lower court, it appears that Defendant G was hospitalized at BC hospital after the instant traffic accident, and that Defendant C was hospitalized at the hospital after the instant traffic accident, and that he was free going out of the country to Incheon or B, etc. during the period of hospitalization.
Except for the addition of “the lower court’s determination is justifiable, and Defendant G’s above assertion is without merit.
B. Although there is a favorable condition for the Defendants, such as the fact that Defendant A acknowledges and reflects his mistake, that part of the money was partially repaid to the victimized insurance companies for the first time, that the Defendants had no record of criminal punishment for the same crime prior to the instant case, each of the instant crimes was committed in collusion by each of the Defendants with intent to cause a traffic accident, and that the nature of the crime is very poor, and such crime causes serious moral hazard and unnecessary social costs, and thus, the damage therefrom is returned to the good insurance holders, and the foundation of the insurance system is shaken.