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(영문) 수원지방법원 2021.01.22 2020노3841
보험사기방지특별법위반
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below against the defendant of the summary of the grounds for appeal is too unreasonable.

Judgment

In our criminal litigation law, which takes the principle of trial-oriented and directness, there exists an area unique to the first instance judgment regarding sentencing, there is no change in the conditions of sentencing compared to the first instance judgment, and in the event that the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court determined the sentence by comprehensively taking into account the circumstances favorable to the Defendant as stated in its reasoning and the unfavorable circumstances against the Defendant, including the fact that the Defendant recognized each of the instant crimes, and the Defendant reflects each of the instant crimes, was already reflected in the lower court’s sentencing process, and there is no change in the special conditions of sentencing that could change the sentence of the lower court in the final trial.

In this case, considering the fact that the defendant intentionally caused a traffic accident or acquired insurance proceeds of a considerable scale through several times, and the method and means of the crime, and the harm and injury inflicted on society, etc., the crime's age, sexual conduct, environment, family relationship, health status, criminal records and contents, attitudes in an investigation agency and a court, the nature of the crime, the amount of fraud, the amount of fraud, the amount of the victim's damage and restitution thereof, the motive, means and consequence of the crime, the circumstances after the crime, etc., are too inappropriate since the court below's punishment against the defendant is too excessive to exceed the reasonable scope of its discretion.

Therefore, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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