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(영문) 대전지방법원 2018.11.21 2018노1633

야간건조물침입절도등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for three years.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s sentence (one year and two months of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

B. The Prosecutor’s sentence sentenced by the lower court to the Defendants (two years of imprisonment with labor for Defendant A, and one year and two months of imprisonment with labor for Defendant B) is too uneased and unreasonable.

2. Determination

A. In full view of various circumstances, including the degree of involvement in each of the instant crimes, the Defendant’s age, environment, sex behavior, motive for the crime, and circumstances before and after the crime committed, the lower court’s sentence is deemed to be unfair as it is too small, and thus, is deemed unfair, in view of the following circumstances: (a) the amount of damage to the Defendant A of the crime of fraud, which is a large amount exceeding KRW 200 million in total; (b) the content of the crime, which intentionally acquired insurance proceeds from traffic accidents, is very poor; (c) the Defendant runs away while the investigation was underway; and (d) the Defendant runs away while the investigation was underway to recover damage therefrom; and (e) the Defendant was involved in each of the instant crimes; and (e)

Therefore, this part of the prosecutor's argument is justified.

B. The Defendant’s judgment on the unjust assertion of sentencing against Defendant B is against the Defendant’s confession of all of the instant crimes, and the Defendant’s repayment of KRW 17 million due to the self-accident on February 29, 2016, and agreed with the victim, etc. are favorable to the Defendant.

However, in the case of some crimes, the crime was committed during the period of suspended execution due to the same type of insurance fraud crime, the total amount of damage reaches 162 million won, and the defendant paid the expenses and recovered the damage, except the above 17 million won.

In this case, the purpose of the insurance system, such as reasonable diversification of risk, destruction of contingency of risk, and damage the foundation of the insurance system by causing the sacrifice of many good insurance subscribers.