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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. According to the records, etc. on the defendant's appeal, the defendant appealed against the judgment below on April 13, 2015 and filed an appeal, and the defendant's spouse Q Q Q, who is living together with the defendant, received a lawful notification of the receipt of the trial records and a written notice of appointment of a public defender from the court on May 6, 2015 from the defendant's dwelling. Since then, the defendant did not submit the statement of grounds for appeal within 20 days, which is the deadline for submitting the statement of grounds for appeal under Article 361-3 (1) of the Criminal Procedure Act, the defendant did not include the grounds for appeal even in the petition of appeal filed by the defendant
2. Determination on the prosecutor’s appeal
A. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.
B. Determination is based on the following facts: (a) the Defendant did not reflect his mistake while denying the criminal facts; (b) the social harm of the insurance fraud crime is serious; and (c) the need for severe punishment exists; and (d) the victim’s agreement or the recovery of damage has not been made up to the present time, etc.,
However, in full view of the following circumstances: (a) the amount of fraud is not relatively large; (b) there is no other means of criminal punishment except that which has been punished once a fine is imposed on the crime of this paper; (c) the Defendant supports his wife and his child as the largest; and (d) the Defendant’s age, character, character, environment, occupation, motive, background, means and consequence of the instant crime; (d) the circumstances after the crime was committed; (e) family relationship; (e) criminal records; and (e) economic circumstances, etc., the Defendant’s punishment imposed by the lower court is deemed to be unreasonable because the sentence imposed
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, and the prosecutor's appeal is dismissed.