logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.09.19 2018노4626
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (three years of imprisonment, confiscation) is too unreasonable.

2. The judgment of the defendant reflects the crime of this case in depth, the amount of damage was repaid to the victim company of the insurance company under E, who is an accomplice, and part of the damage of the special larceny case was returned to the victims, and part of the damage was repaid by S, who is an accomplice, by the accomplice.

However, insurance fraud requires very strict punishment in terms of not only transfer of economic damage to a large number of good insurance policyholders, but also undermining the trust of the general public in the insurance system, and thus impairing the foundation of the insurance system. In particular, the defendant has been punished several times due to special larceny, etc., and committed the crime of each special larceny, etc. of this case again without being aware of not only during the repeated crime period but also during the crime committed by violating the Act on Special Cases concerning the Settlement of Traffic Accidents. The defendant took part in the crime of each of the special larceny of this case along with his age minors, did not endeavor to recover damage from the special larceny and larceny. The degree of negligence of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is not insignificant, and the degree of injury of the victim is more serious, and the victim is punished against the defendant even if the victim has suffered from physical, mental, and economic pain up to now, and all of the circumstances such as the defendant's age, sex, family relationship, motive and circumstances that are too unfair after the crime are considered to be too unfair.

Therefore, the defendant's assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow