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(영문) 부산지방법원 2019.06.20 2019노771
보험사기방지특별법위반등
Text

All parts of the judgment of the court below against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence of each of the lower courts (the first instance judgment: imprisonment with prison labor for a year and August, and the second instance judgment: imprisonment with prison labor for a period of six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments against the defendant were rendered, and the first and second judgments against the defendant were rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the two appeals cases. The first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the part against the defendant among the first and second judgments of the court below cannot be maintained.

3. If so, the part of the judgment of the court below against the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions on criminal facts, Article 8 of the Special Act on the Prevention of Insurance Fraud (in the case of some insurance frauds, Article 30 of the Criminal Act in the case of insurance frauds), Articles 347 (1) and (2), and 30 of the Criminal Act, the selection of imprisonment for a crime;

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the crime of this case is a situation unfavorable to the defendant, such as the fact that the crime of this case intentionally causes a traffic accident, and the fact that the nature of the crime is inferior in light of the details and methods of the crime, and that the frequency of the crime and the fact that the money obtained by deception is considerably high, etc.

However, mistake.

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