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(영문) 의정부지방법원 2013.08.22 2013노1039
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of six million won) is too unhued and unreasonable.

2. The crime of this case is planned to be committed against the defendant, such as the fact that the crime of this case is the crime that has been committed systematically, the damage recovery or agreement has not been reached against the victim, and the fact that the amount of damage has not been substantial.

However, in light of all the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, method of crime and circumstances after the crime, etc., the sentence imposed by the court below against the defendant cannot be deemed unfair, in light of the following: (a) the defendant did not have the same criminal power; (b) the defendant did not lead the insurance fraud of this case; (c) the defendant did not bear any weight in participation; (d) the profits gained by the defendant are insignificant; (e) the husband of the defendant who is an accomplice was punished together by the crime of this case; and (e) the defendant was punished with depth.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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