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1. The part of the judgment of the court below against Defendant A is reversed.
Defendant
A shall be punished by imprisonment for a year and ten months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor asserts that the prosecutor's and the defendant A's punishment (one year and ten months of imprisonment) of the court below against the defendant A are too unfased, and the defendant is too unfased and unjust.
B. Defendant C did not submit the grounds of appeal within the statutory period.
2. Determination
A. We also examine the prosecutor’s and Defendant A’s assertion and Defendant A’s assertion.
Defendant
A is a very bad criminal act in light of the circumstances and contents of each crime, the method and frequency of the crime, etc., such as acquiring money from, or taking over money from, victims who are older than himself/herself, and obtaining insurance money from, an insurance company by altering a hospital diagnosis certificate, etc., and some victims are deemed to suffer serious mental pain due to the act of the defendant A, etc., which are disadvantageous to the defendant A.
However, the court below's punishment against the defendant A is unfair in full view of various circumstances, such as the defendant A's age, character and behavior, environment, family relationship, motive for committing the crime and circumstances after committing the crime, etc., which are favorable circumstances such as the fact that the defendant A had an attitude to reflect his mistake, the fact that all the victims of the crime committed and agreed to pay damages to the victim of the insurance fraud, the return of 1.2.60,000 won to the victim of the insurance fraud, the victim of the crime, and his parents who want to take one step against the defendant A once in the trial, and the fact that the defendant A has no criminal records exceeding the same kind and fine, and other circumstances that are conditions for sentencing as shown in the argument of this case.
Therefore, Defendant A’s assertion is reasonable, and Prosecutor’s assertion is without merit.
B. According to the records on the judgment on Defendant C’s appeal, ① Defendant C was dissatisfied with the lower judgment on June 17, 2019 and submitted a petition of appeal. The foregoing petition of appeal contains no indication of the grounds for appeal, and ② Defendant C was on July 2, 2019.