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(영문) 대전지방법원 2015.10.22 2015노1040

사기등

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended execution) is too uneased and unreasonable.

2. An unfavorable circumstance is that the amount obtained by deception through a judgment fraud is up to 23 million won, the blood alcohol concentration of the defendant at the time of drunk driving is equal to 0.142%, the defendant's blood alcohol level is equal to 0.142%, and the defendant's vehicle accident resulting in the victim's injury while driving a drunk.

However, in full view of the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) the victim of the crime of fraud has made efforts to pay damages to himself/herself (the Defendant deposited KRW 6.85 million in the lower court; (c) the victim of the crime of fraud and the victim of the crime; and (d) the Defendant’s vehicle is covered by comprehensive insurance; and (c) other various sentencing conditions, including Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the suspension of the execution of imprisonment with prison labor for the Defendant, which orders probation and social service

3. The prosecutor’s appeal for conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. Pursuant to Article 25(1) of the Regulations on Criminal Procedure, “each imprisonment choice” under the fourth part of the judgment of the court below is deleted, “each imprisonment choice” under the tenth part of the judgment of the court below shall be deemed to be “Fraud and Road Traffic Act” with respect to the crime of fraud and violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, each imprisonment without prison labor shall be deemed to be imposed, and “the first part of Article 37, Articles 38(1)2 and 50 of the Criminal Act shall be deemed to be “the first part of Article 37, Articles 38(1)2 and 50 of the Criminal Act” and “Article 37(1) of the Criminal Act shall