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(영문) 대전지방법원 2015.07.02 2015노635

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (two years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The crime of this case is very poor for the crime of this case to be committed with the signature and seal of the minor crypists and their legal representatives by deceiving the insurance money following the Defendant's female life death, and thereby to acquire large amount of insurance money exceeding KRW 200 million through this.

However, the defendant led to confession of the facts charged in this case and divided his mistake in depth, the defendant does not have the criminal records of the same kind or suspended execution, the defendant does not want the punishment of the defendant among the actual victims of the crime in this case, and not want the punishment of the defendant in the court below, but at the time of the trial, he returned the defendant's penalty in the court below, and the defendant paid the amount of KRW 10 million as agreed money in the court below. The defendant paid the amount of KRW 40 million to G in the court below, and the defendant is trying to recover damage, such as additional payment of KRW 50 million to K who is his legal representative, as agreed money, and the social relation of the defendant appears clear, and considering various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case, before and after the crime, the defendant's assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Although the appeal by the prosecutor is not reasonable, so long as the judgment of the court below is reversed by accepting the appeal by the defendant, the appeal by the prosecutor is separately filed