logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.08.28 2014노1343
상습사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentencing against the Defendant by the Prosecutor is too unfortunate and unreasonable.

2. We also examine the grounds for appeal by the Defendant and the Prosecutor.

The crime of this case is very poor in the quality of the crime that the defendant intentionally caused a traffic accident or pretended to have an accident, and the period of the crime of this case is a long-term period, the amount of the crime of this case is 28 times or more, and the amount of the fraud is not less than 20 million won in total, and the defendant has not yet reached an agreement with the victims, and it is disadvantageous to the defendant that the defendant can have been punished for the same kind of crime.

However, in full view of the fact that the defendant is both aware of and against the crime, that there is no record of punishment exceeding the fine, and that there are other various sentencing conditions as shown in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime, the sentencing of the court below against the defendant is too heavy or less appropriate. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow