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(영문) 울산지방법원 2015.10.23 2015노532
사기등
Text

The part of the judgment of the court below in the judgment of the first instance and the part of the judgment of the second court shall be reversed.

Defendant shall be punished by imprisonment with prison labor for a period of ten months.

Reasons

1. Summary of grounds for appeal;

A. The punishment of each of the defendants (the 6 months of imprisonment with prison labor for the crimes No. 1 and No. 2 as indicated in the judgment of the court below, the 6 months of imprisonment with prison labor for the crimes No. 3 and No. 4 as indicated in the judgment of the court below, and the 2 months of imprisonment with prison labor

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. Determination

A. The judgment of the court of first instance rendered ex officio prior to the judgment of the court of first instance on the grounds for ex officio judgment on the grounds for appeal Nos. 3, 4 and 2 as to the judgment of the court of first instance. The court of first instance rendered a judgment after the separate examination. The defendant filed each appeal against the judgment of the court of first instance, and the prosecutor filed each appeal against the judgment of the court of first instance, and the court rendered a decision to jointly examine

Among the judgment of the court of first instance against the defendant, the crimes of Articles 3, 4 and 2 of the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38 of the Criminal Act. Therefore, the above part of the judgment of the court of first instance among

B. In light of the fact that the Defendant and the prosecutor’s assertion on the crimes Nos. 1 and 2 as indicated in the judgment of the first instance court, the Defendant acquired money from an insurance company by replacing a driver or pretending to a traffic accident, and the victim did not recover damage, and such insurance fraud is a serious criminal contrary to the purpose of the insurance system, which is the reasonable diversification of risks, the nature of the crime is inferior.

However, under the favorable circumstances, the Defendant recognized all of the instant crimes, and reflects the fact that each of the instant crimes is concurrent crimes with the crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, taking into account the equity between the concurrent crimes to be judged at the same time. In addition, the records, such as the Defendant’s age, character, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc.

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