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(영문) 창원지방법원 2015.11.25 2015노2515
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts to the effect that, as the punishment imposed by the lower court (six months of imprisonment) is too unreasonable, the prosecutor is too unhued and thus unfair.

2. In light of the social harm, etc. of the judgment on insurance fraud, the following circumstances are unfavorable: (a) the crime of this case is not good; (b) the liability for the crime of this case is also grave; and (c) the damage

On the other hand, it is advantageous to the fact that the defendant confessions and reflects, the victims who are insurance companies are also responsible for the expansion of damages, the hospital and doctor who have induced false-patients are not responsible for them, and the fact that the defendant does not have the same criminal record.

In light of the above circumstances and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one to one year in prison) and the fact that there is no special reason to change the sentencing after the sentence of the lower judgment, and other various conditions of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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