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(영문) 광주지방법원 2019.01.16 2018노3213
사기등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. The fact that the crime of this case is not very good, and the defendant committed the crime of this case again during the period of repeated crime of this case even though he had a previous criminal record of the same kind of fraud, and even though he had a previous criminal record of the same crime of this case two times, again, again, the crime of this case of violation of the Road Traffic Act (unlicensed Driving) is committed, and the number of the crimes of this case reaches several times and the amount of damage is considerable, strict punishment against the defendant is required.

However, considering the fact that the defendant is divided into his mistake, that the defendant paid the insurance money he acquired to the victims late, that most of the defendant agreed to pay the insurance money, that the crime of fraud in this case has become final and conclusive and the concurrent crimes in the latter part of Article 37 of the Criminal Act, the equity with the case to be judged simultaneously in accordance with Article 39(1) of the Criminal Act should be taken into account. Considering the balance between sentencing with the same crime and the sentencing, the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments in this case, such as the circumstances after the crime, the sentence imposed by the court below is deemed appropriate, too heavy or unreasonable. Thus, the defendant and the prosecutor's

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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