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(영문) 청주지방법원 2013.09.12 2012노693
절도등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (a fine of KRW 3 million is imposed on the Defendants; a fine of KRW 1 million is imposed on the Defendants; a suspended sentence of KRW 1 year; a prison term of KRW 2 years; and a community service work time of KRW 180) declared by the lower court

2. Determination

A. Defendant A received juvenile protective disposition several times, and on January 14, 201, Defendant A committed each of the instant crimes without being aware of the fact that Defendant A was sentenced to a suspended sentence of two years for a year of imprisonment due to a violation of the Punishment of Violences, etc. Act (Habitual Bribery) in the Cheongju District Court Support on January 14, 201, and was sentenced to a suspended sentence of one year, and committed each of the instant crimes. In the event of an insurance fraud, it is necessary to severely punish Defendant A as a crime that causes damage to a large number of good policyholders. The fact that the said Defendant appears to have led the insurance fraud, etc. is considered to be disadvantageous to Defendant A, but the said Defendant still has relatively lower age, recognized his mistake and is against depth. The victims did not want the Defendant A’s punishment, and other circumstances, such as Defendant A’s age, character and conduct, motive, motive, means and result of the instant crime, etc., are unreasonable, and thus, the lower court’s assertion that the aforementioned Defendant’s sentencing and the records are unreasonable.

B. Defendant B had a record of having received juvenile protective disposition several times on September 29, 2009, Defendant B was sentenced to imprisonment with prison labor for one year and three months and two years of suspended execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Cheongju District Court’s Jeju District Court Support on September 29, 2009, and again committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) during the suspended execution period, and on January 19, 2010, Defendant B was sentenced to imprisonment with prison labor for a maximum of one year and six months.

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