logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.11.26 2015노2655
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, two years of probation, and one hundred and twenty hours of community service order) against the Defendant is too uneased.

2. The instant case is a matter of deceiving an insurance company that is a victim by deceiving the victim, by taking the appearance of the same as the occurrence of a traffic accident caused by negligence, and thus, such crime is likely to undermine the foundation of the insurance system and make a large number of subscribers return to the damage, and thus, it is necessary to strictize it. The frequency of the instant crime and the amount of damage are not significant, etc. that are disadvantageous to the Defendant.

However, in full view of the defendant's confession of the crime of this case and reflects his mistake, that the defendant made efforts to recover damage, such as the defendant's confession without criminal punishment, that the defendant was the first offender who has no record of criminal punishment, that the defendant agreed with the victims or returned the insurance proceeds unjustly received, that the social relation of the defendant seems clear, and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, circumstances before and after the crime, and the scope of recommended sentences according to the sentencing guidelines established by the Sentencing Commission of the Supreme Court, and the scope of recommended sentences pursuant to the sentencing guidelines established by the Sentencing Commission, etc., the prosecutor'

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow