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(영문) 인천지방법원 2015.02.12 2015노24

사기등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (six months of imprisonment), the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. We examine the judgment and the grounds for appeal by the public prosecutor and the defendant together, the confession of the crime by the defendant when the defendant was in the first instance, the fact that the defendant performed a practical operation during the hospitalization period is favorable, and the defendant has the previous department, and the amount of fraud is considerably damaged or did not agree with the victims. Insurance fraud crimes are disadvantageous to all the policyholders, including the fact that the damage is transferred to all the policyholders.

Comprehensively taking account of these circumstances and other factors, the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is deemed reasonable, and it is not deemed that the Defendant is too heavy or less severe.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.