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(영문) 대구지방법원 2017.07.14 2017노1735

폭력행위등처벌에관한법률위반(공동공갈)등

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The defendant's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, convicted the Defendant of violating the Punishment of Violences, etc. Act (joint conflict) and the Special Act on the Prevention of Fraud in Insurance.

However, since the defendant appealed against the guilty portion of the judgment below on the grounds of improper sentencing and the prosecutor did not appeal against the dismissal portion of the public prosecution, the dismissal portion of the judgment below becomes final and conclusive separately and only the remaining guilty portion is subject to the judgment of this court.

2. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The judgment of the defendant is favorable to the fact that the defendant led to the confession of each of the crimes of this case, and the defendant deposited KRW 500,000,000 to Hyundai Commercial Reinsurance Co., Ltd., Dong Fire and Marine Insurance Co., Ltd., in relation to the crime of insurance fraud of this case, and the defendant agreed to do so with the victim X in relation to the crime of joint attack, the defendant has yet to reach the age of 20 first half, and the father of the defendant wanted the defendant's wife.

However, each of the crimes of this case committed by the defendant intentionally with his accomplice and by deceiving the victim who seems to have acquired insurance money from the victims or drive drinking, and its nature is not very good. The insurance fraud, such as the crime of this case, as the crime of this case, is causing damage to a large number of good insurance contractors by mediating the insurance company directly damaged, so it is necessary to punish the defendant. The defendant seems to have led the crime of this case, the amount of damage caused by the joint crime committed by the defendant together with his accomplice is KRW 53,68,258, and the amount of damage recovered by the defendant is 53,68,258, and the part of damage recovered by the defendant is modernized Insurance Co., Ltd. in the court below.