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(영문) 전주지방법원 2016.06.24 2016노195
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 eight million won) is too uneasy and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant committed the crime of this case in some strings of the car running at a low speed, shocked the Defendant’s arms, and took over the insurance money four times by asserting a traffic accident, and misleads the Defendant of the items not his own choice, and then wrongfully embezzled it by not returning it, and the nature of the crime is not weak. The Defendant has already been subject to criminal punishment several times for the same crime, and repeatedly committed the crime of this case during the period of repeated crime of the same kind.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake in depth, the victims do not want the punishment of the defendant, the amount of damages for each individual crime is not a relatively large amount, the family and branch members of the defendant want the defendant's prior wife, and the defendant again does not repeat such errors.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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

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