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The judgment below
The part against the Defendants is reversed.
Defendant
B Imprisonment with prison labor of 10 months, Defendant F.
Reasons
The summary of the grounds for appeal by the defendants is too unreasonable in light of the circumstances such as the defendants' objections, the punishment of one-year imprisonment sentenced by the court below is too unreasonable.
Considering the following circumstances: (a) the crime of this case in which multiple persons conspired to commit a traffic accident and acquired insurance money is not good; (b) the Defendants denied and did not reflect the crime up to the lower court’s judgment; (c) the defrauded amount to KRW 23,240,930; and (d) Defendant B and Defendant F were punished three times, the punishment imposed by the lower court is deemed reasonable.
However, considering the following circumstances: (i) the Defendant was against the judgment of the court; (ii) the Defendant’s amount of profit he acquired by the instant case was returned to the victim; (iii) the Defendants’ age, character and conduct, intelligence and environment; relationship with the victim; (iv) motive, means and consequence of the crime; and (v) the circumstances after the crime, etc., the sentence sentenced by the court below is unreasonable.
Therefore, since the defendants' appeal is well-grounded, the part of the judgment of the court below against the defendants in accordance with Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows.
Criminal facts
The summary of the defendants' criminal facts and the summary of the evidence is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendants: Articles 347 (1) and 30 of the Criminal Act concerning applicable criminal facts and the choice of punishment: Defendants;
1. Defendants under suspended execution: Article 62(1) of the Criminal Act (Consideration of grounds for reversal);
1. Defendants of probation and community service order: Article 62-2 of the Criminal Act;