logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.06.11 2013노3144
사행행위등규제및처벌특례법위반등
Text

The judgment of the court of first instance and the judgment of the court of second instance are reversed.

As to the crime of Articles 6 and 7 of the judgment of the court below in the first instance.

Reasons

1. The decision of the court below against the defendant of the summary of the grounds for appeal (Article 6 and 7 as stated in the decision of the court below) is unfair because the punishment of imprisonment for 6 months and for the remaining crimes, 2 years, 2 months, 6 months and 6 months, and 6 months) is too unreasonable.

2. Determination:

A. The crime of this part of the judgment on the allegation of unfair sentencing on the crime of Articles 6 and 7 of the judgment of the court below is deemed unfair since the defendant conspired with M and filed a false traffic accident report, and obtained insurance money from the victim LIG damage insurance and modern marine fire insurance, and the crime of undermining the interests of the insurance organization and impairing the credibility of the social trade, etc. However, in full view of all the circumstances including the fact that the defendant paid 1.7 million won to the victims' modern marine fire insurance at the trial, and that the defendant suffered the defendant's chronic renal certificate, and that the health is not very good, the punishment imposed on the defendant for the crime of Articles 6 and 7 of the judgment of the court below is somewhat inappropriate. Thus, the defendant's assertion of unfair sentencing on this part is with merit.

B. The first and second court rendered a separate judgment after ex officio determination on the defendant, and the defendant filed an appeal against all the above decisions, and the court decided to consolidate the above appeal cases.

Of the judgment of the court of first instance against the defendant, each of the crimes except the crimes specified in Articles 6 and 7 (hereinafter referred to as "crimes 6 and 7") and the crime of the judgment of the court of second instance is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, the part of the judgment of the court of first instance concerning each of the remaining crimes among the judgment of the court

3. In conclusion, the judgment of the court below in the first and second cases is reversed, and the judgment of the court below in the first and second cases is reversed.

arrow