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(영문) 대전지방법원 2018.04.04 2018노114

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflects the wrongness, and that the defendant's health condition seems not good.

However, the crime of this case was committed in a planned way by using the hospital’s weak points in which the Defendant settled medical expenses at the time of discharge, and the nature of the crime is not good. The Defendant appears to have failed to make every effort to recover damage even though he obtained pecuniary benefits equivalent to the cost of hospitalization of KRW 34 million over three times by committing this case. The Defendant did not agree with the victim D and H, and the Defendant was punished six times for the same kind of crime but repeated hospitalization. In light of the fact that the Defendant was punished six times or more by a fine, the risk of recidivism is high, etc., which is disadvantageous to the Defendant.

Considering the above circumstances and other factors of sentencing as shown in the argument of this case, such as the defendant's age, sexual conduct, environment, background, means and consequence of the crime, etc., the punishment sentenced by the court below is deemed unfair and unfair.

3. As such, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading (as long as the prosecutor’s appeal is reversed on the grounds of its reasoning, the court’s appeal shall not be dismissed separately). 【The judgment to be used again is the same as the facts constituting the crime and the summary of evidence recognized by the court below as stated in the corresponding column of the judgment below, and thus, all of them shall be cited pursuant to Article 369 of

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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