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(영문) 대구지방법원 2018.09.13 2018노2497

보험사기방지특별법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. In full view of all the sentencing conditions, including the fact that the instant crime was committed in attempted crimes, the fact that the Defendant was led to confession, and the fact that the Defendant appeared to reflect on the intent of the crime, and that the instant case claims insurance money by causing a false accident, in light of the method of the crime and the amount that the Defendant intended to obtain, etc., the nature of the crime is not less and less unfavorable, such as the Defendant’s age, sexual behavior, environment, circumstances leading to the crime, means and consequence, the scale of the crime, and circumstances after the crime, etc., it cannot be deemed that the lower court’s sentencing judgment exceeded the reasonable limit of discretion or it is unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the foregoing assertion by the Defendant is without merit.

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