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(영문) 전주지방법원 2021.01.29 2020노1661
보험사기방지특별법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The lower court already determined the sentence by fully taking account of all the circumstances that the Defendant asserted on the grounds of appeal.

The crime of this case, as well as the victim insurance company, is likely to cause the economic loss to the good insured as well as the victim insurance company, so it is necessary to punish with severe punishment.

Defendant has been punished several times for fraud.

One half or more of the damages suffered by the victim were not recovered.

Considering the fact that the vehicle used to commit the instant crime is an essential element for the Defendant’s participation in the instant crime, most insurance money was granted to the Defendant, and the Defendant actually possessed the main profit of the instant crime, the Defendant appears to have occupied the leading role in the instant crime.

In addition, even if the court below’s punishment is too heavy even if it re-examines the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

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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