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(영문) 부산지방법원 2019.08.22 2019노2096
보험사기방지특별법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The lower court determined the punishment by taking into account various factors of sentencing, such as the confession, the mistake is divided, the amount of damage to the insurance company was fully repaid, the agreement with the victim of violence was reached, and the history of the same crime, such as fraud and violence, was committed.

There is no change in the conditions of sentencing compared with the original court because new sentencing materials have not been submitted in the trial, and even considering the various reasons revealed in the trial process, the sentencing of the original court is too inappropriate to be exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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