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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.09.12 2013노2902
사기
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

A The defendant A was in a state of mental disability due to diseases, such as anti-competitive disorder, depression, etc., at the time of each of the crimes in this case.

The lower court’s imprisonment (ten months of imprisonment) on Defendant A’s assertion of unfair sentencing is too unreasonable.

Defendant

C The lower court’s imprisonment (eight months of imprisonment) against Defendant C is too unreasonable.

Judgment

Defendant

According to the record of the judgment on the claim of mental disability A, it is recognized that Defendant A received treatment from May 2007 to May 2007, which was prior to each of the crimes of this case, due to a yellow disorder, a recurrence disorder, etc. Meanwhile, considering all circumstances such as the circumstance leading to each of the crimes of this case and the method of the crime, and the specific behavior attitude of Defendant A before and after each of the crimes of this case, it is deemed that Defendant A did not have the ability to discern things or make decisions, and thus, Defendant A’s assertion of mental or physical disability cannot be accepted.

Although the defendants divided the defendants' errors in the defendants' assertion of unfair sentencing, and agreed with many victims, the defendants have the history of having been punished several times, each of the crimes of this case is significant, and the sum of the amount of fraud was significant, and the defendants committed insurance fraud in multiple times, and other all of the sentencing conditions specified in the records and arguments of this case, including the defendants' age, character and conduct, environment, circumstances after the crime, etc., are considered, it cannot be said that the court below's punishment imposed on the defendants is excessive.

In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

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