beta
Text
The judgment of the court below is reversed.
Defendant
A In the imprisonment of 2 years and 6 months, Defendant B and C shall be punished by imprisonment of 1 year and 2 months, and Defendant D.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles, Defendant A did not have been hospitalized or treated by in collusion with each other in order to obtain insurance money by committing a false or exaggerated act in collusion with the following: chronic diseases, such as hume therapy; Defendant B was kneeoe surgery following scare scarf, etc.; Defendant C was a variety of diseases caused by pregnancy, childbirth, scare, depression, etc.; Defendant D was hospitalized at a hospital in accordance with the doctor’s instructions several times; and Defendant D did not have received medical treatment.
Defendant
In light of the degree of participation, etc., the Defendants except A are not co-principals, but co-principals. However, the judgment of the court below convicts the facts charged in this case as co-principals, and there is an error of law by misunderstanding facts
B. The sentence imposed by the lower court on the Defendants (three years of imprisonment, one year and three years of imprisonment, one year and three months of imprisonment, and six months of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
A. (1) According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
① Defendant A is the mother of Defendant B and C, and Defendant B and Defendant D are the siblings of C, and Defendant B and Defendant D are the married couple around April 2006.
② Defendant A, around November 20, 1991, entered into 10 insurance contracts with five insurance companies, such as “21C Pension Policy,” etc. (hereinafter “21C”) around December 20, 1991. Defendant B, around April 22, 1998, entered into a total of 17 insurance contracts with 17 insurance companies, such as “Non-Distribution Traffic Safety Insurance Class I” of the Plaintiff, and the total of 31 insurance contracts with the Plaintiff around April 22, 1998.