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(영문) 광주지방법원 2016.04.07 2015노2899
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1,370,500 won shall be collected from the defendant.

Reasons

1. The sentence of the lower court (one year of imprisonment, and additional collection) is too unreasonable as to the gist of the grounds for appeal.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is highly likely to distort national disease data managed by the National Health Insurance Corporation and infringe on its financial interests.

The Defendant committed a series of crimes in this case during the period of repeated crime due to the same crime, and the period of the crime is long, and the frequency of the crime is very high.

The defendant used many people's names to repeatedly prescribe drugs.

On the other hand, the following conditions are favorable.

Defendant would not commit a crime in a profound manner against his own will and will not repeat the crime.

There are many things.

The Defendant appears to have committed a series of crimes in this case under the conditions that the Defendant was faced with imprisonment and depression, and became mentally ill.

Even in accordance with the diagnosis of a medical personnel, the Defendant is in need of a mental health department and treatment, which has been flicked with the dependence on the file and the surface of the water, and with the depression.

The Defendant paid 5,639,590 won out of 6,432,484 won in response to the recovery measures of the National Health Insurance Corporation.

In addition, when comprehensively considering the circumstances of the instant crime, circumstances after the instant crime, age of the Defendant, sexual conduct, environment, etc., the lower court’s punishment is too unlimited to recognize that it is unfair, and thus, the Defendant’s assertion is reasonable.

The scope of the recommended sentence on the sentencing guidelines of the Supreme Court with respect to each of the crimes in this case by the defendant shall be one year to two years to six months, and two and six months to six months, and three crimes (narcoticss) to be administered and carried by the defendant, where he has been sentenced to imprisonment for not less than one year or more than one year (in the case of a crime against unspecified or large number of victims or repeatedly committed for a considerable period of time, the same repeated crime, punishment not to be imposed, or considerable damage has been restored).

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