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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The instant crime is likely to be subject to criticism in that: (a) the act of committing the instant crime is planned and dangerous; and (b) such an act of insurance fraud is not only the damage to bona fide insurers but also the insolvency of the overall insurance finance and the trust of the insurance.
There is no change in the circumstances that may change the sentence of the court below in the trial of the political party, and in full view of the sentencing conditions such as the age, living environment, role and degree of participation of the defendant, amount of the insurance money acquired by deception, and criminal record relation as shown in the arguments of the court below and the trial of the political party, the punishment of the court below is heavy and is done within the reasonable scope
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.