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(영문) 대전지방법원 2019.07.25 2019노1160

보험사기방지특별법위반등

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal: The sentence imposed by the lower court on the Defendants (two years of imprisonment with prison labor for Defendants A, one year and six months of imprisonment with prison labor for Defendants D and three years of suspended execution) are too unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition to these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, taking into account the unfavorable circumstances and favorable circumstances to the Defendants, determined a punishment within a reasonable scope.

Considering the circumstances in which the Defendants asserted as the grounds for appeal, the sentence of the lower court is too unreasonable.

3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.