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(영문) 서울중앙지방법원 2019.08.16 2018노3529
사기방조등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of fines of KRW 15 million, confiscation, and fine of KRW 10 million) of the lower court against the Defendants is deemed unreasonable.

2. The nature of the instant crime is not good in light of the method of the instant crime, the period and frequency of the crime, the amount of damage incurred therefrom, etc.

However, all of the Defendants make confessions of the instant crime and reflects it, and have no record of criminal punishment.

Although the Defendants did not obtain direct economic benefits as a result of the instant crime, they agreed to fully repay the amount of damage to the insurance company that is the victim.

In addition, in full view of all other circumstances that serve as the conditions for sentencing as shown in the pleadings, such as the age, environment, motive and background of the crime, the consequences of damage, and the circumstances after the crime, etc., the lower court’s sentence against the Defendants is deemed unreasonable as it is too uneasible.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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