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(영문) 춘천지방법원 2013.12.18 2013노564

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (Fraud) The Defendant was hospitalized by suffering injuries due to the occurrence of a traffic accident between the vehicle and the vehicle operated by I.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the above assertion by the defendant is without merit.

B. We examine the argument of unfair sentencing, the defendant has no record of punishment for the same kind of crime, there is no record of punishment heavier than the suspension of execution, and the defendant deposited one million won in the court below for the victim I. However, the crime of this case is deemed to have been driven by two vehicles, threatened the victim I, threatened the victim I, and stolen the insurance money as if the accident was injured, in light of its contents, the crime of this case and the crime of this case is bad, and the defendant did not reach an agreement with the victims, the court below was sentenced to a fine of three million won by taking into account all favorable circumstances for the defendant, including the fact that the court below was sentenced to a fine of three million won, which was originally notified in the original summary order, and there was no change of situation in the trial, and considering various conditions of sentencing as shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, the circumstances after the crime, etc., the court below's sentencing is deemed appropriate, and there is no reason for the defendant's above assertion.

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