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(영문) 광주지방법원 2017.01.11 2016노3820
사기
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

However, from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The instant crime is an unfavorable circumstance where: (a) as the private person in the insurance design solicits an insurance contract from a person who is willing to pay insurance money normally, the victim is a victim company; (b) the sum of KRW 64 million is obtained by defraudation under the name of the insurance commission; and (c) the crime is not good in light of the method of crime; and (d) the amount acquired by defraudation

On the other hand, it is more favorable to the fact that the defendant recognized his mistake and reflects his mistake in the first instance trial, and that the complainant does not punish the defendant under the agreement with G and H, which is the actual victim in the first instance trial, and that the defendant should consider the equity with the case where he judges together with the previous conviction stated in the first head of the crime in the judgment of the court below.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the defendant's appeal is accepted, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] Criminal facts and the summary of evidence and the summary of evidence acknowledged by the court is as stated in each corresponding column of the court below (Article 369 of the Criminal Procedure Act). The

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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