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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-finding, the Defendant was hospitalized in a hospital to treat the misunderstanding of facts, shoulder, etc., and thus, the lower court found the Defendant guilty of the instant facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.
B. As to the punishment of an unreasonable sentencing (the defendant and the prosecutor) of the judgment of the court below, the defendant asserts that the defendant is too unreasonable, and the prosecutor is too uneasible and unfair.
2. Determination
A. In a case where a defendant files a false insurance accident with intent to acquire insurance money by fraud or intentionally causes an insurance accident, fraud regarding insurance money is established. Furthermore, even if the defendant suffered minor bodily injury due to an accident that could constitute an insurance accident, if he/she is hospitalized in a hospital for a long time and is paid excessive insurance money in comparison with actual damage on the ground of this, it is established a crime of fraud against the whole insurance money.
(2) According to the evidence duly adopted and examined by the lower court, the Defendant was hospitalized in the hospital from December 14, 2010 to December 27, 2011. According to the evidence duly adopted and examined by the lower court, even though the Defendant was discharged from a bath to a bath on September 30, 2010 and did not have any degree to undergo hospitalized treatment, the Defendant was hospitalized in the D Council by October 18, 201 of the same year, and the Defendant was hospitalized in the hospital from the end of December 13, 2010 to the end of the same year, and the Defendant incurred an injury, such as a pelum pain, etc., even though he did not need to be hospitalized until the time of hospital treatment, and thereafter, the Defendant received KRW 4,677,280 as insurance money under the above provision as to the insurance money, based on the fact that the Defendant received the total amount of the insurance money, the crime of fraud can be acknowledged.
Since this part of the defendant's argument is without merit.
B. Unreasonable sentencing.