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(영문) 의정부지방법원 2013.04.25 2013노387

사기등

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the court below (ten months of imprisonment) is too unreasonable.

2. The crime of this case, which was committed on several occasions, is a crime committed in a planned manner, and the crime of "insurance fraud" is a crime that causes damage to the general public, in addition to each insurance company, which is a direct victim, and the nature of the crime is not good. In the crime of this case, the defendant appears to play a leading role in the crime of this case, and the victim did not recover from damage or reach an agreement, there is a need to punish the defendant.

However, on the other hand, considering the following: (a) the Defendant did not have a substantial profit from the instant crime; (b) the Defendant left to the instant crime for his livelihood; (c) the Defendant voluntarily voluntarily surrenders to the investigative agency; and (d) the children to be supported are living mixed without care of other people; and (c) the Defendant is in need of the protection of the Defendant’s wrongness through a prison life for about three months; and (d) taking into account all the sentencing conditions indicated in the instant records, such as the Defendant’s age, character and conduct, family environment, and circumstances after the instant crime, the sentence of the lower court against the Defendant is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 352 of the Criminal Act