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(영문) 서울남부지방법원 2016.08.26 2015노1659
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s sentence (3 million won in penalty) is too unreasonable and the accused did not submit the reason for appeal within the period for submission of the reasons for appeal, and the appeal does not contain any indication of the reasons for appeal in the petition of appeal, but it is to be determined by selecting the accused on August 11, 2015 on the ground of the details stated in the written application for recovery of his/her right to appeal.

2. Determination ① A favorable circumstance is that the defendant has no record of punishment for the same kind of crime.

② However, insurance fraud, such as the instant crime, as the instant crime, causes damage to a large number of good policyholders by mediating an insurance company directly damaged, and thus requires strict punishment. The amount of damage caused by the instant crime reaches KRW 10,640,00,000, there is no change of circumstances that may be additionally reflected in sentencing after the lower judgment was sentenced, and ③ In full view of all other circumstances, such as the background, means, results, and circumstances after the instant crime, etc., the sentence of the lower court is too unreasonable.

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

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