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(영문) 대구지방법원 2018.07.27 2018노1192
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service work 120 hours) is too unreasonable.

2. The crime of this case is highly dangerous by intentionally causing a traffic accident in the course of committing the crime, and the nature of the crime is very heavy.

It seems that the damage has not been recovered to the person who has intentionally suffered a traffic accident.

The Defendant acquired most economic benefits from the instant crime.

Insurance fraud is not only a substantial damage to bona fide insurers, but also a crime that damages the credibility of insurance finance and the trust of insurance.

This is disadvantageous to the defendant.

There is no record that the defendant has been punished for the same crime.

The defendant paid the amount of damage to the victims of the crime of mutual conflict with the insurance company, and agreed that the victims do not want the punishment of the defendant.

Defendant recognized each of the crimes of this case and opposed to it.

This is the circumstances favorable to the defendant.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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