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The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by a fine of KRW 5,000,00.
Reasons
1. The summary of the grounds for appeal (e.g., 6 months of imprisonment and 2 years of suspended sentence) of the lower court is too unreasonable.
2. The Defendants attempted to receive insurance proceeds by receiving false insurance proceeds as if they were the actual driver even though they knew of the fact that A had caused a traffic accident that may cause harm to human life and material damage while driving under drinking. The Defendants abuse the insurance system, thereby obtaining unjust profits and making it necessary to strictly punish insurance fraud crimes that may cause damage to other subscribers, etc. are disadvantageous to the Defendants.
On the other hand, there is no criminal power against the Defendants, and there is no criminal power against the Defendants. The Defendants agreed to the victim P in the trial only with the victim P, and the fact that the instant crime was committed against the attempted crime is favorable to the Defendants.
In addition, the lower court’s punishment against the Defendants seems to be too unreasonable, comprehensively taking account of the following factors: (a) the Defendants’ age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.
3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against the Defendants is again decided as follows.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 10 and 8 of the Act on the Prevention of Insurance Fraud, and Article 30 of the Criminal Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so ordered in consideration of the sentencing conditions as seen earlier prior to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order.