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(영문) 인천지방법원 2015.12.18 2015노3182

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The following facts are favorable circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant agreed with the victim; (c) while the instant crime is committed by deceiving the insurance proceeds from the damaged insurance company by pretending the insurance accident by means of the method such as accepting false accidents in conspiracy with his accomplices or intentionally causing traffic accidents; (d) the crime is very poor in light of the background of the crime and the method of the commission of the crime; (e) the same criminal record is two times; and (e) the lower court appears to have partially reduced the amount of fine under the summary Order taking into account the favorable circumstances of the Defendant; (e) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (e) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; (e) balance with the criminal punishment imposed by the accomplices; and (e) circumstances after the commission of the

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.