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(영문) 부산지방법원 2018.08.17 2018노1182

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found Defendant 1 guilty of the instant facts charged in the absence of the fact that, upon the doctor’s recommendation, the Defendant was hospitalized in the actual area and received treatment, but was hospitalized for a long time beyond the necessary level, by deceiving the damaged insurance company, thereby deceiving the insurance proceeds. In so doing, the lower court erred by misapprehending the facts, thereby

2) The punishment sentenced by the lower court (three years of suspended sentence of one year, three years of probation observation, and one hundred and sixty hours of community service) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The court below rejected the defendant's assertion of mistake as to the defendant's facts in the court below's assertion as to the same ground for appeal in this case, and the court below stated in detail the defendant's assertion and its decision in the lower part of the criminal history of the judgment. In light of the above judgment of the court below compared with the records, the judgment of the court below is justified, and there is an error of law by misconception of facts as alleged by the

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. As to each of the unfair sentencing arguments by the Defendant and the Prosecutor, the lower court rendered a sentence by taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

When comprehensively taking into account the conditions for sentencing, the applicable sentencing, and the sentencing guidelines in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion.

There is no other circumstance in which the lower court’s determination is deemed unfair or that it is deemed unfair to maintain the sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, the lower court’s age, sex, environment, motive, means and consequence of each of the instant crimes, and circumstances after the crime are considered.