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(영문) 광주지방법원 2013.05.29 2013노623
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The gist of the prosecutor's appeal (unfair form) seems not to be contrary to the defendant A. The crime of this case committed by the defendant A is unfair because the defendant A committed the crime of this case by forging a document that prevents all children of the wife from receiving insurance money due to the husband's death and then terminated the insurance, and the nature of the crime is bad. The defendant B committed the crime of this case even though he was well aware of the illegality of the crime of this case as an insurance solicitor, etc., the sentence of a fine of four million won is suspended against the defendant A, and the court below's sentence of a fine of two million won which was postponed against the defendant B is too unreasonable.

2. In light of the motive and background leading to the instant crime, the circumstances before and after the instant crime, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendants’ age, character and conduct, environment, etc., considering the circumstances asserted in the grounds for appeal, the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable, even if it is considered in light of the circumstances asserted in the grounds for appeal. Thus, the above assertion is without merit.

3. According to the conclusion, the appeal against the Defendants by the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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