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(영문) 대구지방법원 2020.05.21 2019노2062
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first crime in the original judgment: imprisonment with prison labor for four months, one year of probation, one year of community service order, 80 hours in the community service order, and 2 crime in the original judgment: fine of five million won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor together with each other, the crime of this case was committed three times in collusion with the Defendant in a short period, and acquired the Defendant a total of 30 million won by claiming insurance proceeds to the victim company after intentionally paying a traffic accident at least three times in a short period. It is not good to commit the crime. Among the crimes of this case, some of the crimes of this case are planned and interviewed during the period of suspension of execution and have the record of criminal punishment for the Defendant as a criminal act of the same kind of law, and there is a record of his fault; the Defendant recognized all the charges of this case; the Defendant paid damages to the victim company; the victim company did not want to be punished by a fine; the victim company did not want to pay damages to the victim company; the victim company did not want to have been punished by a fine; the Defendant’s part of the crimes of this case should be determined in consideration of equity with the case of the crime of violation of the Road Traffic Act which became final; the Defendant’s favorable age, character and behavior, family relationship, and circumstances after the Defendant and prosecutor’s arguments are not justified.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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