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(영문) 부산지방법원 2017.04.21 2016노4427
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 3.5 million won) is too uneasy and unreasonable.

2. Although there was a good condition such as making a false confession by the defendant causing confusion in the investigation and participating in the fraud of insurance proceeds, the defendant was the first offender at the time of making a false confession by the investigative agency, the defendant was at the time of making a false confession, the defendant was at the request of the president, resulting in the crime of this case, and the defendant was at the time of committing the crime of this case, even though he was the accomplice of the crime of defraudation of insurance proceeds, and there was no sharing of the benefits of defraudation, considering all the sentencing conditions such as age, sex, motive, motive, means and consequence of the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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