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(영문) 수원지방법원 2015.09.23 2015노6

사기미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led each of the crimes of this case without driver's license and led four or three victims of traffic accident to cause traffic accident; (b) the victim does not want punishment; (c) the victim does not want punishment; (d) some of the circumstances leading the driving without a license are difficult; and (e) the crime of this case is attempted to commit the crime of this case; and (e) each of the crimes of this case is committed by the defendant without a driver's license; and (e) the defendant led the vehicle accident while driving the vehicle without a driver's license; and (e) the defendant attempted to receive false insurance money by reporting it to the insurer immediately after the occurrence of the traffic accident to drive the vehicle; and (e) the defendant attempted to receive the insurance money by reporting it to the victim as if he driven the vehicle without a driver's license; and (e) in particular, the defendant committed the crime of this case during the period of repeated crime of the same kind of crime; and (e) the defendant's age, circumstances and circumstances of the defendant's personality and behavior, and circumstances after the sentencing of all of the crime.

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

However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the term "the choice of punishment" of "the choice of imprisonment" in the application of the statutes that clearly indicate the error or omission of the judgment of the court below ex officio shall be applied to the crime of attempted fraud and the crime of unauthorized driving in violation of