(영문) 인천지방법원 2015.02.11 2014노4387 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.02.11 2014노4387

사기

Text

The judgment of the court below is reversed.

Defendant 1 (1) No. 1)

1. to 1.

3. and a list of offenses (2).

Reasons

1. The summary of the grounds for appeal (two years and six months in total) of the lower court’s punishment is too unreasonable.

2. The Defendant committed the instant crime by deceiving the insurance company from the damaged insurance company by pretending the insurance accident by means of the method of accepting false accidents with accomplices or intentionally causing traffic accidents. In light of such systematic and planned criminal methods, the crime of this case is very poor. In particular, the Defendant committed a part of the instant crime on July 7, 201 without being aware of the two-year suspended sentence of imprisonment with prison labor for up to 8 months as of July 7, 201 and without being aware of it during the suspended execution period. The period of the crime is long and the number of times of the crime is not specified, and the degree of the Defendant’s participation in the crime is not easy, and the total amount of damage exceeds 20 million won, and most damage is not recovered to the trial.

However, in full view of the following: (a) the Defendant has led to the confession of all of the instant crimes; (b) the relationship between fraud and the concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment of the lower court that became final and conclusive; (c) the equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act; (d) the Defendant has to agree with some damaged insurance companies or has repaid the amount of damage; and (e) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, happy family environment; and the circumstances before and after

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The criminal facts against the defendant recognized by this court and the summary of the evidence shall be as follows.

참조조문

-형법 제39조 제1항

-형사소송법 제364조 제6항

유사 판례

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