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(영문) 서울중앙지방법원 2018.09.13 2017노1232
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The gist of the prosecutor’s appeal is that the prosecutor’s appeal is deemed to be unfair due to the defendants’ punishment (two years of probation of each of the imprisonment of August, community service order, 80 hours of community service order, Defendant C: fine of two million won, Defendant D, and E): each of the fines of three million won).

2. In light of the nature of each of the crimes of this case where an drunk driver partly caused a traffic accident and demands an agreement through intimidation, the lower court’s punishment against the Defendants is not easy.

3. However, the defendants are still aged older than the first generation of a society, and reflect in depth the crime of this case, and will live faithfully as a sound social person in the future.

It is harding to do so.

In addition, although most of the money was attempted to borrow money by pretending a traffic accident, it was attempted to commit the crime, and the money or insurance money acquired by deception is not a relatively large amount.

Defendant A and B, who led to the crime of one-way conflict, agreed with some victims.

4. In full view of such circumstances and other circumstances as the Defendants’ age, sex, environment, criminal record, occupation, and details of the commission of each of the instant offenses, amount of damage, and agreement, the lower court’s sentence against the Defendants is not deemed to have exceeded the discretionary scope of sentencing.

5. Therefore, the prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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