Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant
A. A.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (Defendant A: imprisonment with prison labor for one year, Defendant B: fine of 5,00,000) is too uneased and unreasonable.
B. Defendant A’s punishment is too unreasonable.
2. Determination
A. The following point of view on the grounds for appeal against the Defendant B by the Prosecutor is an unfavorable circumstance to the Defendant.
The Defendant’s insurance fraud, such as the instant crime, is an offense that imposes a burden on many general insurance subscribers and causes moral hazard, and thus increases social costs, and need to be strictly punished as a policy.
In order to obtain insurance money, the crime is not good in light of the details of the crime and the method of the crime, such as requesting the defendant A, who is an accomplice, to intentionally bring his case into his case two times.
On the other hand, the following conditions are favorable.
The defendant is against the defendant.
The injured company is seeking a preference against the defendant by returning all insurance proceeds received by the injured insurance company and by agreement with the injured company.
There is no record of punishment for the same crime.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
B. The following points are the reasons for the prosecutor’s appeal against the Defendant A and the reasons for appeal against the Defendant A are disadvantageous to the Defendant.
The defendant has committed multiple types of frauds against many victims over a considerable period of time and is not good to commit such crimes.
The damage to the victim JB Korea Capital Co., Ltd., L, and W was not recovered.
The Defendant refused to comply with the request of the court at the time of the original trial and escaped.
On the other hand, the following conditions are favorable.
202 case on the second order of 2015