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(영문) 대전지방법원 2016.04.01 2015노2376
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unhued and unreasonable.

2. The instant crime is an insurance fraud crime that imposes a burden on a good number of general insurance subscribers and increases social costs, and is committed repeatedly during a considerable period from 2008 to 2010, and its nature is not good in light of the details and the applicable law.

However, considering the following factors: (a) the actual head of the crime as indicated in the judgment of the court below and the concurrent crimes in the latter part of Article 37 of the Criminal Act, the equity should be taken into account when the judgment is rendered at the same time; (b) the Defendant has no record of criminal punishment for the same kind of crime; (c) the victims have been fully paid the amount of damage to the victims; and (d) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual conduct, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s exemption of the Defendant cannot be deemed as unjust because it is too una

Therefore, the prosecutor's above assertion is without merit.

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

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