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(영문) 수원지방법원 2013.10.10 2013노3310
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the sentence of the lower court (six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the defendant who is an insurance solicitor, forged or altered the documents related to the insurance accident and then acquired the insurance proceeds of a total of KRW 18.5 million through eight times for four months by exercising it by the insurance company (the first time is not easy to commit a crime) and the case is not easy in light of the period, frequency, amount of fraud, etc., but the case is not easy. However, the defendant's mistake is recognized and against it; the first offender is the victim; the victim is paid the full amount of the money acquired by the victim and agreed so that the victim does not want to be punished for the defendant; the defendant is detained for more than 20 days in this case; the circumstances and contents of the crime of this case; the defendant's age, character, conduct, family relationship, occupation, etc. are all the conditions of sentencing as shown in the employment records, etc., the sentence of the judgment below is unfair.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Article 347 (1) of the Criminal Act, each of the types of fraud

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