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(영문) 인천지방법원 2014.11.27 2014노2770
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. On the summary of the grounds for appeal, the court below's punishment (two months of imprisonment and two years of suspended execution) against the defendant, the prosecutor asserts that the defendant is too unhued and unfair.

2. As to the prosecutor’s and the Defendant’s assertion, the following circumstances are favorable: (a) the Defendant was the first offender; (b) the amount of damage was not significant in KRW 9 million; and (c) the Defendant led to the confession of and is in depth against the Defendant; and (d) in the case of insurance fraud, a strict punishment is required in terms of the fact that the damage was returned to all the insured; and (b) the Defendant agreed with the victims or did not recover the damage.

In full view of such circumstances and other factors as the Defendant’s age, character and conduct, environment, background, circumstances after the commission of the crime, etc., the lower court’s punishment is deemed appropriate, and it does not seem that it is too weak or unreasonable.

3. As such, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit. It is so decided

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