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(영문) 수원지방법원 2018.05.18 2018노765
사기등
Text

The judgment below

Of them, the part of the judgment against Defendant A, Nos. 1 and 2-A, b, and c., and Defendant B.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (one year of imprisonment and fine of 300,000 won, four months of imprisonment, and six months of imprisonment) is too unreasonable.

2. Judgment on Defendant A’s assertion

A. Articles 1 and 2-A, 2-2, and 1 and 2-2-A, 1 and 2-2 of the judgment of the court below in the part of the judgment below, and 3 of the case are circumstances unfavorable to the defendant, where the defendant acquired insurance money by means of stealing another person's insurance name after causing a traffic accident by driving without a license, and the crime is not light in light of the motive, method, frequency, etc. of the crime.

On the other hand, the fact that the defendant is both aware of his mistake, and the defendant is against the defendant with regard to the crime of fraud committed jointly with B, the court below paid part of the amount acquired by deception to the victim Samsungsung Disaster Insurance Co., Ltd. in the judgment of the court below, and made efforts to recover damage, such as paying additional money to the victim M&T Co., Ltd. in the judgment of the court, and paying additional money to the victim M&T Co., Ltd. in the trial

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence sentenced by the lower court is somewhat unreasonable.

Therefore, this part of the defendant's argument is justified.

B. It is difficult to view that the sentence imposed by the lower court is too unfair on the ground that the sentence imposed by the lower court is too unreasonable, comprehensively taking account of the following: (a) the Defendant’s violation of Article 2-D and E of the lower judgment’s holding that the same type of punishment was committed; (b) the Defendant committed a crime during the period of suspended execution due to the same kind of crime; and (c)

This part of the defendant's assertion is without merit.

3. Determination of ex officio on Defendant B’s grounds for appeal.

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