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(영문) 광주지방법원 2014.09.12 2014노1747
사기
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

Judgment

The insurance fraud crime of this case, such as this case, requires strict punishment due to severe social harm, such as the transfer of economic damage to a large number of general consumers, and the amount of fraud is a large amount of 68 million won. Nevertheless, most of the damages have not been recovered to this court, and the fact that the victims have not agreed with the victims is disadvantageous.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake; (b) the primary offender without any previous conviction; and (c) the need for partial hospitalization is more advantageous; and (d) other factors of sentencing specified in the instant pleadings, such as the background of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age, character and conduct, and environment, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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