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(영문) 인천지방법원 2016.01.05 2015노4105
사기
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. The summary of the reasons for appeal is that each sentence (Defendant A: Imprisonment with prison labor for a year and two months, and Defendant B: imprisonment with prison labor for a year and ten months) declared by the court below against the Defendants is too unreasonable.

2. The crime of this case is determined by considering the following circumstances: (a) the crime of this case was committed in a systematic manner by deceiving the insurance money by causing a traffic accident, and the nature of the crime is not good; (b) the defendants escaped before the pronouncement of the judgment of the original court of this case; and (c) the amount of damage caused by the crime of this case is considerable; (d) the defendants recognized and reflected the crime of this case; and (e) the defendants deposited part of the amount of damage caused by the crime of this case; and (e) other circumstances that are conditions for the pleadings and the sentencing specified in the records, such as the defendants’ character and conduct, environment, motive, means and consequence of the crime of this case; and (e) the circumstances after the crime, etc

Therefore, the defendants' argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. It is so decided as per Disposition on the grounds of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Code for the aggravation of concurrent crimes;

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