(영문) 창원지방법원 2014.11.20 2014노1571 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.11.20 2014노1571

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and two hours of community service order) declared by the court below is too unreasonable.

2. Each of the crimes of this case, which judged that each of the crimes of this case was committed by the defendant without any need to conduct an operation, and even though the defendant did not conduct an operation with respect to a serious sacrife or alley, he was performed with minor surgery related to the sacrife, the fact that the victim, who was an insurance company, was subjected to the 'the 5th stalleth double sacrifeing substance', 'the 5th double sacriffing substance and the 5th safing substance and the right side safing substance', by deceiving the victims to take money totaling KRW 15,514,301, which is not easy, and insurance fraud can threaten the foundation of the insurance system, on the basis of the sacrifice of many good policyholders or legitimate right holders, which is disadvantageous to the defendant.

However, in full view of all the circumstances that are favorable to the defendant, the defendant's personality and behavior and environment, the background and result of each of the crimes of this case, and the conditions for sentencing as shown in the records and arguments, the sentence of the court below is somewhat unreasonable, since it is recognized that the defendant's punishment imposed by the court below is somewhat inappropriate, in full view of the following circumstances: 6,092,604 won out of 11,556,089 won for damage to Samsung Life Insurance Co., Ltd., and 1,907,396 won for interest on the defendant's interest; 1,907,396 won for interest on the defendant's interest; and 3,000 won for the defendant's economic situation.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

-창원지방법원 2015.06.17 2015노997

-창원지방법원 2015.05.07 2014노2971

-창원지방법원 2015.03.19 2014노2630

-창원지방법원 2015.12.10 2015노2519

-창원지방법원 2015.05.07 2015노705