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(영문) 인천지방법원 2014.11.07 2014노3130
사기
Text

The judgment of the court below is reversed.

As to the crime Nos. 1 and 2 of the decision of the court below, the defendant is punished by imprisonment for two months, and the crime No. 3 of the decision.

Reasons

1. The summary of the grounds for appeal (one month of imprisonment with prison labor for the crimes No. 1 and No. 2 in the original judgment, and one month for the crimes No. 3 in the decision) is too unreasonable.

2. In a case where the defendant is not likely to commit the insurance fraud of this case in a planned manner with his accomplices, there are unfavorable circumstances, such as the fact that the defendant committed the crime of Article 3 of the decision of the court below during the period of probation, and the defendant has been punished for the same kind of crime.

However, in light of the fact that the defendant was in a trial, the defendant did not want to be punished against the defendant, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which became final and conclusive, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents as stated in the judgment of the court below, the defendant's mistake is recognized, and the defendant is living in good faith in the future, and other various sentencing conditions specified in the records and arguments, such as the motive, background, means and result of the crime in this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, are considered, it is determined that the sentence of the court below is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the selection of a punishment, and Articles 1 and 2 of the original judgment, shall be punished by imprisonment, and the third crime shall be punished by

1. The crimes of the latter part of Articles 37 and 39(1) of the Criminal Act and the judgment of the court below have become final and conclusive.

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