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(영문) 창원지방법원 2021.01.08 2020노1893
절도등
Text

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Reasons

1. The summary of the grounds for appeal (defendants) is that the punishment (two years in prison, two years in prison, and two years in prison, and one year and six months in prison for each violation of the Special Act on the Prevention of Insurance Fraud listed in [Attachment 1] Nos. 1 to 6 of the Decision 2 on the Judgment of the Supreme Court Decision, which was sentenced by each court below, is too unreasonable for the defendant to be sentenced to a violation of the Special Act on the Prevention of Insurance Fraud listed in [Attachment 1] Nos. 7 through 17.

2. We examine ex officio the part of the judgment of the court below on the grounds for appeal by the defendant's ex officio as to each crime of fraud in the judgment of the court below No. 1 and each crime of violation of the Special Act on the Prevention of Fraud in the Insurance Act listed in No. 7 or No. 17 in the judgment of the court below

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of each of the above appeals cases.

Of the judgment below of the court below of first instance, each crime of fraud among the judgment of the court below of second instance and each crime of violation of the Special Act on the Prevention of Insurance Fraud listed in the No. 7 through No. 17 of the List of Crimes 1 Crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the above part among the judgment of the court below of first and the judgment of the court of second instance cannot be maintained.

3. Of the judgment of the court below of the second instance on the grounds of appeal by the defendant, we examine the defendant's wrongful assertion of sentencing as to the violation of the Special Act on the Prevention of Insurance Fraud as stated in No. 1 or No. 6 of Attached 1 Crimes List.

Although the defendant had a record of receiving juvenile protective disposition due to fraud, the fact that the defendant committed the above crimes, the fact that the criminal law is not good, and the damage caused by each of the above crimes has not been recovered.

On the other hand, the fact that the defendant reflects the mistake, the amount of damage caused by each of the above crimes is not much high, and each of the above crimes is final and conclusive, and Article 37 of the Criminal Code.

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