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(영문) 의정부지방법원 2020.08.27 2020노1495
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The instant crime pertains to the intentional occurrence of an accident and the receipt of insurance money from the insurer, and thus, the method of crime is highly likely to constitute a malicious act and thus, its value is high.

The crime of this case is committed about 11 times for about four years, and the amount of fraud reaches KRW 13,559,160 in total.

The driver was at risk of the accident.

The crime of this case was committed during the period of repeated crime due to previous criminal records in the lower judgment.

Even before that, the Defendant had been punished for several crimes, about 20 times.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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