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(영문) 광주지방법원 2013.08.28 2013노1393
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The defendant's mistake is recognized, and the primary offender is a favorable circumstance.

On the other hand, the insurance fraud crime of this case, such as this case, requires strict punishment due to severe social harm, such as putting a large number of general consumers on economic damage, and the defendant's false admission is 4 times in total and 10 times in total, and the sum of the insurance money that the defendant acquired through 60 times from 60 times in total, is not less than 56 million won, and the fact that the victim's insurance company did not take measures to recover damage is disadvantageous.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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

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