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(영문) 의정부지방법원 2013.09.27 2013노962
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of suspended execution in October, and one hundred and twenty hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

In light of the fact that the defendant has been punished with the previous charges, and the insurance fraud crime of this case is likely to cause severe social harm, such as the transfer of economic damage to many general subscribers, etc., it is necessary to punish the defendant strictly. However, the defendant is against the defendant's confession of each of the charges of this case, and the defendant has committed an offence against the defendant in the judgment of the court, and the defendant has agreed not only with the victim of the crime listed in paragraph 2 of the crime list 2 of the crime list, but also with the modern marine fire insurance company and Samsung Fire Marine Insurance Co., Ltd., and there is a minor circumstance that the degree of participation in the crime as stated in paragraph 1 of the crime list in the judgment of the defendant is insignificant.

Ultimately, in full view of all the circumstances that led to the Defendant’s age, character and conduct, environment, the background and contents leading to the instant crime, and the circumstances leading to the sentencing conditions indicated in the records, etc. after the crime, the sentence of the lower court is deemed to be adequate. Therefore, the above arguments by

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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