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(영문) 수원지방법원 2016.01.22 2015노6678
사기등
Text

The judgment of the court below is reversed.

Defendant 1, 2 (except for the crime No. 3, No. 2, No. 2, No. 3, No. 3, No. 3, of the List of Crimes) of the lower judgment.

Reasons

1. The summary of the grounds for appeal [excluding No. 3,00,000 won per annum among the annexed crimes table No. 1, 2 (excluding No. 3,00 in annexed crimes No. 2), 3, and 4 in the judgment of the court below] is too unreasonable.

2. However, the crime of this case is very poor since the defendant committed the crime of this case repeatedly for a considerable period of time against many and unspecified drivers, the number of insurance frauds is considerable, and some of the crimes committed during the suspension of execution is committed.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was detained for about five months; (c) the Defendant agreed with some victims; (d) certain insurance companies were recovered from damage; (e) there was no criminal conviction exceeding fines; and (e) there was no criminal offense other than the crime listed in the first head of the lower judgment’s first crime; and (e) the equity with the case where the judgment was rendered together with the final crime; and (e) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’s allegation of the foregoing

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment, and the choice of punishment) as to the crime, and Articles 352 and 347 of the Criminal Act.

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