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(영문) 창원지방법원 2015.06.17 2015노997
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) shall be excessively unreasonable.

2. Although there are favorable circumstances such as the confession and reflect of the defendant, insurance fraud can also threaten the foundation of the insurance system based on the sacrifice of many decent policy holders or legitimate right holders, it is not good that the crime is not committed, the total sum of insurance proceeds acquired by the defendant is about 24.6 million won, but does not reach an agreement with the victims up to the trial. There is no special reason to change the sentencing after the decision of the court below, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one to one year and six months), and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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