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(영문) 수원지방법원 2017.06.09 2017노2096
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (for each of the crimes listed in Nos. 1, 2, 3, and 5 No. 1, 2, 3, and 5 of the List of Offenses Attached to the original judgment: Imprisonment with prison labor for 8 months and the year of sight of the same crime: 4 months) is too unreasonable.

2. The fact that the judgment defendant repents and reflects his mistake, and that the defendant has no record of punishment exceeding the fine for the same kind of crime before each of the crimes in this case is favorable to the defendant.

On the other hand, each of the crimes of this case by the defendant committed a traffic accident with his accomplice intentionally under the prior guidance, and by deceiving the insurance company several times, and by deceiving him, the crime is not good in light of the motive and content of the crime, and even if the amount of damage exceeds KRW 112 million, the damage is not completely restored until now, etc. are disadvantageous to the defendant.

In addition, even if considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions and the equality between the case and the case where the judgment is to be rendered simultaneously with each of the crimes in the judgment of the court below which became final and conclusive, the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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