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(영문) 수원지방법원 2019.09.23 2019노3288
보험사기방지특별법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below's punishment (one year and two months of imprisonment) is too unreasonable in light of the fact that the amount of money obtained by deceit and theft of the crime of this case is not significant, that 3 million won was returned to the victim by himself/herself, and that the defendant divided and reflected the crime of this case, etc.

B. In light of Defendant C’s health condition, etc., the sentence of the lower court (two months of imprisonment, two years of suspended sentence, two years of probation, community service, 160 hours of imprisonment) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing against the Defendants is too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the Defendants’ appeal is dismissed as it is without merit. It is so decided as per Disposition.

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