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(영문) 서울동부지방법원 2019.07.18 2019노710
보험사기방지특별법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The grounds for appeal (unfair punishment) asserts that the Defendant is too unafford by the lower court’s punishment (six months of imprisonment) and that the prosecutor’s punishment is too unafford and unreasonable.

2. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been determined by fully considering the various grounds for sentencing asserted by the Defendant and the prosecutor, such as the form of the instant crime, degree of damage, frequency of the crime, the Defendant’s criminal records, the Defendant’s confession and reflects on the Defendant’s health status, etc. As such, the Defendant and the prosecutor’s assertion of unfair sentencing is without merit, since there are no special circumstances to change

3. In conclusion, the appeal 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.

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