beta
(영문) 창원지방법원 2013.05.30 2013노222

사기등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A: 2 years of probation, probation, community service, 200 hours of probation in October, 200 hours of probation, 2 years of probation in August, 2 years of probation, 3 years of probation) of the lower court is deemed to be too unfeasible and unfair;

2. Determination

A. It is recognized that the crime of each of the crimes of this case is not good, such as Defendant A, Defendant A, and Defendant were punished for a crime of fraud, and there are many other criminal records, Defendant B, and Defendant B by intentionally causing a motor vehicle round-out accident in collusion with Defendant B, obtaining insurance money from an insurance company, and allowing a victim who does not have any yellow condition by causing a traffic accident in the drinking state, and then receiving money by threatening the victim by threatening him.

However, in full view of all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes of this case, circumstance after the crime, etc., the sentence imposed by the court below is deemed appropriate and it is not recognized that the sentence imposed by the defendant is too unreasonable because it is too unreasonable. Thus, the prosecutor's allegation of unfair sentencing on the defendant A is without merit.

B. It is recognized that Defendant B was guilty of having a number of other criminal records including having been punished by imprisonment due to the like insurance fraud crimes, etc., and that Defendant A conspired with Defendant A by intentionally causing vehicle uniform accidents and acquired insurance proceeds from an insurance company, and the nature of the crime of this case is not good.

However, the defendant's attempt to commit the crime of this case is against the mistake.