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(영문) 의정부지방법원 2018.04.02 2018노233
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts the gist of the grounds for appeal that the punishment (two months of imprisonment and six months of imprisonment) declared by the court below is too unreasonable.

2. It is recognized that there is a relation between the defendant's wrong judgment and the defendant's wrong judgment, and the crime of rape and the crime of larceny in the judgment of the court below, which became final and conclusive, and the latter part of Article 37 of the Criminal Act, and thus, the punishment should be imposed at the same time in consideration

However, insurance fraud is based on the sacrifice of a large number of good insurance contractors or legitimate insurance claims. Since insurance fraud is a crime that may threaten the foundation of the insurance system, it is necessary to strictize it, and there is no record that the victims had been punished due to insurance fraud in the past. The defendant has been sentenced to a suspended sentence of 4 years on July 16, 2010 and was sentenced to 4 years on July 24, 2010 as the crime of rape in the decision of the court below, which became final and conclusive on July 24, 2010 and went back to a foreign country in the situation where the suspended sentence becomes invalidated, and thus, the defendant escaped from the country in which the above suspended sentence was declared as a result of the occurrence of the above suspended sentence, and there is no special circumstance or change in circumstances that could be newly considered in the sentencing after the sentence of the court below, as well as the circumstances that the defendant had committed the crime of larceny, etc., and there is no undue motive, motive, motive, method and circumstances of the crime in this case.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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