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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor for nine months and for defendant M.
Reasons
1. The summary of the reasons for appeal is that each sentence imposed by the court below on the Defendants (one hundred months of imprisonment) is too unreasonable.
2. The insurance fraud crime committed by the judgment is an unfavorable circumstance against the Defendants, such as the following: (a) it is necessary to severely punish the victims of the insurance fraud by harming a large number of good insurance policyholders as well as harming the general trust on the insurance system, etc.; (b) it appears that Defendant A planned and implemented each insurance fraud of the instant case by leading them to commit the insurance fraud of this case; (c) the amount acquired by fraud exceeds 36 million won; and (d) it is not possible to recover the amount of damage excluding part up to the depth; and (e) Defendant A committed a crime of attacking the victims, AY, AY, AZ, and BA who committed the insurance fraud in collusion with himself/herself; and (e) Defendant A committed an attempted crime of attacking the victims, AY, AY, BA, and BA; and (e) the degree of injury inflicted by Defendant MM on the victims C is considerably significant.
However, the Defendants appear to recognize and reflect each of the instant crimes; Defendant A paid KRW 3,139,210 to the victim AS corporation of the self-insurance fraud crime on October 26, 2018; Defendant A reached an agreement with AX, BA among the victims of the crime of attack and attempted attack; Defendant M paid KRW 1,199,540 to the victim BS corporation of the insurance fraud crime in the first instance, and paid KRW 1,199,540 to the victim Q Q Q Q corporation; Defendant M paid KRW 1,19,550 to each of the victims of the crime of assault and bodily injury; Defendant A did not want the punishment of Defendant M; Defendant A did not want to be punished once for the crime of assault and bodily injury; Defendant M was the first offender, etc. favorable to the Defendants.
In addition, in full view of the following factors: the Defendants’ age, sex, environment, motive, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., and various sentencing conditions as shown in the instant records and arguments.