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(영문) 의정부지방법원 2019.10.24 2019노2115
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s imprisonment with labor for not less than ten months, or that of the lower court’s imprisonment with labor for not less than ten months, is unreasonable.

2. We also examine the argument of unfair sentencing by the Defendant and the prosecutor.

However, there are extenuating circumstances such as the fact that the insurance fraud crime of this case, such as this case, not only causes economic damage to good policyholders, but also there is a need to severe punishment for social harm, the amount of defraudation of the crime of this case is reasonable, and the period is also long, and it is not agreed with the victim company.

On the other hand, there are favorable circumstances such as the defendant's acknowledgement of the crime of this case and reflection thereof, the fact that there is no record of punishment for the same kind of crime, and the fact that the defendant seems not to have actually suffered from the disease.

In full view of the various sentencing conditions indicated in the instant case, including the above circumstances, such as character, conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, the lower court’s sentence is deemed appropriate within the scope of discretion.

Therefore, both the defendant and prosecutor's assertion of unfair sentencing is rejected.

3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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