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(영문) 대전지방법원 2016.11.09 2016노1024
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service order) is too unreasonable.

2. It is recognized that there are favorable circumstances such as the Defendant’s return of part of the amount of damage to the victim and the commencement of all of the instant crime.

However, according to the circumstances such as the fact that the amount of money obtained by the defendant is considerable, the damage is not fully recovered, the insurance fraud crime is transferred to a large number of subscribers, and the nature of the crime is very bad, and the defendant commits the crime of this case even though he had the record of punishment for the same kind of crime, the responsibility of the defendant is not easy.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

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

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