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(영문) 서울남부지방법원 2013.06.13 2013노569
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment (two years of imprisonment, three years of suspended execution, and 240 hours of community service) of the judgment of the court below is too uneasy and unreasonable.

The crime of this case requires strict punishment of the defendant in that the defendant inflicted an injury on his accomplice's body and acquired insurance proceeds by deceit, and the crime of this case is very poor in the number of crimes, and the loss caused by such insurance fraud is finally borne by a large number of policyholders.

However, in light of the facts that the defendant actually earned profits due to the crime of this case, that Co-Defendant B partially repaid the amount of damage, that the remaining accomplices except Co-Defendant B, who led the crime of this case, were sentenced to a suspended sentence even if they actually acquired profits more than the defendant, that the defendant had been living in prison for about 4 months as the crime of this case, and that the defendant was living in prison for about 4 months, and that there is a profound reflection on the defendant's mistake. Other factors of sentencing as indicated in the arguments of this case such as the motive, background, method of the crime of this case, circumstances after the crime, the age and character and conduct of the defendant, etc., it is not recognized that the sentence of the judgment of the

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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