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(영문) 의정부지방법원 2013.09.27 2013노982
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 800,000) declared by the court below is too unhued and unreasonable.

2. The instant case pertains to sentencing materials that are disadvantageous to the Defendant for the following reasons: (a) the Defendant filed a false insurance accident report and actually received the insurance proceeds; and (b) such an act is an act that may cause damage to the majority of the good subscribers, not an act that ought to be somewhat treated; and (c) the fact that the amount of fraud is not recovered from damage.

However, in full view of the following factors, including the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the crime, method and consequence of the crime, etc., the sentence of the lower court is too uneasible and unreasonable, and thus, the Prosecutor’s allegation in the grounds of appeal is without merit, on the grounds that the Defendant’s sentence is too uneasible and unreasonable.

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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