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(영문) 대구지방법원 2016.05.18 2015노1177
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the records of the instant case regarding the Defendant’s appeal, even if the Defendant received a notice of receipt of the records of trial on March 25, 2015, the Defendant did not submit a statement of reasons for appeal within 20 days from the date of receipt of the records of trial. Moreover, the petition of appeal does not state the reasons for appeal, and the lower judgment cannot be found even if examining the judgment below

2. Determination on the prosecutor’s appeal

A. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a period of six months, two years of probation, one hundred and twenty hours of community service) is too uneased and unreasonable.

B. Determination fraud requires strict punishment in the sense that it harms the foundation of the insurance system by impairing the purpose of the insurance system, encouraging speculative spirit, causing the sacrifice of a large number of insurance subscribers, and thus undermining the foundation of the insurance system. It is recognized that there is no attitude against the denial of the crime, failure to recover damage, and failure to reach an agreement with the victim.

However, considering the following factors: (a) the Defendant is a primary offender; (b) the amount of damage is not so significant; (c) the Defendant’s age, sexual conduct, environment; (d) the motive, means, and consequence of the instant crime; and (e) the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court and the Supreme Court sentencing committee, such as the circumstances after the commission of the crime, the lower court’s punishment is too una

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is decided as above, the defendant's appeal is dismissed by a judgment en bloc. It is so decided as per Disposition.

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