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(영문) 인천지방법원 2020.11.12 2020노2356
자동차관리법위반등
Text

Defendant

All appeals filed by C, A, B, and Prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of Defendant C, A, and B of the lower court (the imprisonment of August, Defendant A: 10 months, Defendant B’s imprisonment of 10 months, Defendant B’s suspended execution, community service, etc.) is too unreasonable.

B. Each sentence of the second instance court against Defendant C by the prosecutor (the first instance court - exemption from punishment - the second instance court - the second instance court - the imprisonment of eight months) and each sentence of the second instance court against Defendant A, B, and D (the imprisonment of ten months, Defendant B, and D: the imprisonment of six months, the suspended execution of sentence, the community service, etc.) is too unfford and unreasonable.

2. Determination

A. While the Defendant’s judgment on Defendant C committed an insurance fraud on eight occasions during the repeated crime due to habitual fraud, etc., insurance fraud crimes are likely to undermine the purpose of the insurance system and cause damage to many good subscribers, and thus social harm is very high, and the crime of violating the Automobile Management Act and the crime of violating the Automobile Management Act also is not easy to say that such crime is disadvantageous to the Defendant. On the other hand, the Defendant’s confession of all the crimes and reflects his mistake; the Defendant repaid the total amount of damage in the lower court and the lower court and the lower court; the victims do not want to be punished by the Defendant; the victim does not want to have agreed upon; the equity should be considered at the same time with the judgment on the violation of the Road Traffic Act (unlicensed Driving) in which the judgment became final and conclusive; and the Defendant’s child who is supported by the Defendant.

In full view of the circumstances above, comprehensively taking into account the circumstances leading up to the Defendant to the commission of the crime, the age, health condition, character and conduct, environment, and circumstances, etc., each of the court below's punishment imposed by each of the court below is too heavy or unreasonable, and thus, the Defendant and the prosecutor's assertion are without merit.

This Court shall jointly deliberate on the appeal cases against Defendant C in the judgment below.

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