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(영문) 수원지방법원 2014.12.04 2014노3731 (1)
사기미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair form of punishment) asserts that the sentencing of the court below (six months of imprisonment) is too unreasonable, while the prosecutor asserts that the sentencing of the court below is too uneasible and unfair.

However, the crime of this case was committed by the Defendant in collusion with the above defendants and the above-mentioned persons prior to the separation of pleadings and was intentionally induced a traffic accident, and then received a total of 46,930,730 won from the victim Hyundai Marine Fire Insurance Co., Ltd. as insurance money, but the victim suspected of the circumstances of the accident did not pay insurance money and did not commit an attempted crime. In light of the content and motive of the crime and the fact that the crime was committed systematically and systematically, the nature of the crime is not good; the degree of participation is not easy; the Defendant suggested the crime of this case; and the Defendant committed the crime of this case without being aware of it during the suspension period of execution due to the crime of this case.

On the other hand, the fact that the crime of this case was committed in the attempted attempt, and that the defendant recognized a mistake and reflects it is favorable to the defendant.

In addition, considering all other circumstances that serve as the conditions for the sentencing specified in the instant case, the lower court’s sentencing is deemed reasonable, and it cannot be deemed that it is too heavy or unreasonable.

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

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