(영문) 부산지방법원 2018.10.11 2018노3182 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.10.11 2018노3182

사기등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

Reasons

1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case in the name of the Defendant is found to be disadvantageous to the Defendant, such as the fact that the Defendant was exempted from paying medical expenses equivalent to approximately KRW 32 million in total by deceiving the National Health Insurance Corporation under the name of approximately 405 years, and at the same time, had the National Health Insurance Corporation bear approximately KRW 32 million in medical benefits. In light of the content of the crime, the Defendant’s liability for the crime is grave.

However, the court below recognized that the court below's unfair punishment against the defendant is too unfair, considering the following circumstances: (a) the defendant led to the crime of this case when he could not benefit from the medical insurance after his resident registration was cancelled due to the violence of his spouse; (b) there was no record of criminal punishment except for the defendant punished on two occasions in 198 and 190; (c) the defendant was in a state of health due to the urology, urology, multiple mythalosis, and mathrosis, which is hard to economically and economically as a basic recipient of daily life; and (d) the defendant's personal relationship appears to be clear, such as the defendant's wife's booming the defendant's prior address against the defendant; and (e) the defendant's age, sex, environment, etc., which became a condition for the sentencing of this case.

Therefore, the defendant's argument of sentencing is justified.

3. Accordingly, the defendant's appeal is with merit. Accordingly, the part of the judgment below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-울산지방법원 2016.09.30 2015고단1584

-대구지방법원 서부지원 2018.10.02 2018고단973

-서울동부지방법원 2017.08.24 2016가단5949

-부산지방법원 2015.08.21 2015노2050

-부산지방법원 2018.06.28 2018노1626