logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.09.25 2020노742
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentencing of the court below (the sentencing of the defendant A: the fine of 5 million won, the fine of 2 million won) is too uneased and unfair.

2. In light of the fact that the crime of fraud of this case is deemed to have been committed for a long time, and there is a need to punish the general public because the crime of this case was brought about the finances of national health insurance and imposes financial burden on the general public, the Defendants committed the crime of fraud repeatedly over a long period, and the contents of the statements made by the victims and nurses, and the independence of the structure of the building by the mountain and the B Manlcle clinic as indicated in the judgment of the court below, unlike the changes of the Defendants, the crime of this case is deemed to have been committed in a conclusive intentional act of defraudation against the Defendants. In addition, unlike the changes of the Defendants, the crime of this case is deemed to have been committed in bad condition. Meanwhile, the defendants are not actually committed against the purport of the Medical Service Act that acknowledges the mistake, the damage was completely recovered, the damage was entirely recovered, and there was no criminal power, and the defendants Eul had no criminal power at all committed the crime of this case, taking into account the amount of fraud damage, the frequency of omission of signatures, the age of the defendants, the age of married and family relationship, etc.

The lower court appears to have determined a sentence by fully taking into account all the circumstances regarding sentencing, and even if the Prosecutor considers the circumstances asserted as the grounds for appeal, the lower court’s sentencing does not seem to have exceeded the reasonable scope of discretion, and thus, it cannot be deemed that the sentence imposed by the lower court is too unjustifiable, and thus, the Prosecutor’s assertion of unreasonable sentencing as to the Defendants is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

arrow