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(영문) 서울서부지방법원 2014.12.12 2014노848
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy for the original sentence (two years of imprisonment);

2. The circumstances favorable to the defendant include: (a) the fact that the defendant led to the confession of the crime; (b) that only part of the proceeds from the crime was acquired; (c) the defendant alone was not led to the crime; (d) the health status was somewhat insufficient; and (e) the family members want to find the Defendant’s wife.

However, the crime of this case is committed under the circumstances unfavorable to the defendant, including the following: repeatedly causing a traffic accident for a considerable period of time, acquiring insurance proceeds from many insurance companies, paying insurance proceeds promptly, and threatening the employees of insurance companies; thus, the nature of the crime is extremely poor; the defendant agreed with the insurance company and employees of the insurance company that is the victim and did not compensate for damages; the defendant did not take part in driving a vehicle that is likely to cause an accident on board the accomplice; and the degree of participation by directly driving the vehicle that is likely to cause an accident; and taking into account all other factors of sentencing as indicated in the argument of this case, the sentence of the court below against the defendant

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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