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(영문) 서울북부지방법원 2013.07.24 2013노721
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant committed the crime of this case in a state of mental disorder caused by alcohol, and the punishment sentenced by the court below (the crime No. 1 to No. 9 in the judgment of the court below: imprisonment for three months, and the crime No. 10 to No. 12 in the list of crimes in the judgment of the court below: imprisonment for three months, and imprisonment for three months) is too unreasonable.

2. Determination

A. We examine the determination of mental and physical disability claim, and there is no evidence to conclude that the defendant committed the crime of this case in a state of mental and physical disability caused by alcohol at the time of the crime of this case. Thus, the above argument of the defendant is without merit.

B. We examine the argument of unfair sentencing, and the fact that the defendant is against the confession of the crime in this case, and that each crime in No. 1 or No. 9 of the crime table in the decision of the court below should be considered at the same time in relation to the principal building and fire-prevention of the first head of the crime in the judgment of the court below and the concurrent crimes in the latter part of Article 37 of the Criminal Act, which have become final and conclusive,

However, although the crime of this case does not face or face a defendant's body intentionally on the vehicle in operation, the victim who is an insurance company shall be accused of about 6.6 million won through nine times prior to the conclusion of the judgment due to agreement, etc., by deceiving the victims who are the insurance company, and by deceiving or deceiving about 2 million won through three times during the suspended execution period, and the crime is not good, and the crime is committed. It is not good that the victim is a majority, there is a large amount of damage, there is no agreement with the victims, or there is no recovery of damage. Insurance fraud such as this case requires strict punishment for a crime that seriously undermines the credibility of the insurance system, and other insurance frauds such as this case are punished for the crime of this case, and the sentencing prescribed in Article 51 of the Criminal Act as stated in the records and arguments of this case, such as the motive for the crime of this case, the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc.

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