logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.07.10 2018노2738
보험사기방지특별법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (the fine of KRW 5 million is imposed on the Defendants A, and the fine of KRW 7 million is imposed on the Defendants B) declared by the lower court to the Defendants.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding sentencing, including the following: (a) the amount of deception by the Defendants is considerable; (b) the Defendants committed a crime by intentionally manipulating an accident in order to receive insurance proceeds; (c) the amount of damage was not repaid; and (d) the possibility of repaying the amount of damage; (b) the Defendants were unlikely to pay; (c) the Defendants committed a crime; and (d) the Defendants did not have a criminal record exceeding a fine; and (d) there are no circumstances to be newly considered in the trial; and (e) there is no other circumstance that may be newly considered in the trial of the lower court’s sentencing, such as the motive, means, and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be so excessive that

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

arrow