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(영문) 광주지방법원 2017.08.29 2016노3868
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The Defendant, in collusion with many people, acquired insurance money of approximately KRW 25.9 million after intentionally causing traffic fraud. The method of committing the crime is not only good, but also the liability is not weak because the amount of damage is not specified.

However, the defendant recognized the crime, caused only one time of traffic accident, paid a total of KRW 1,335,00 to the victim insurance companies in the original trial to recover part of the damage, and there is no record of crime except punishment as a fine for this crime.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, as shown in records and pleadings, the sentence of the court below is only within the scope of reasonable discretion, and is too weak.

It is difficult to see it.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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