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(영문) 서울중앙지방법원 2017.09.22 2017노1892
사기방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. According to the evidence submitted by the lower court as to the part not guilty, the fact that the Defendant, as stated in this part of the facts charged, helps the Defendant commit an insurance fraud by being aware of the fact that G, H, I, J, or K was not involved in an accident or that it is not necessary to conduct an operation, can be acknowledged.

Nevertheless, the court below erred by misapprehending the legal principles.

B. The sentence of the lower court’s unfair sentencing is too minor.

2. Determination

A. Examining the circumstances presented by the lower court on the grounds of innocence in light of the evidence and the record, the lower court was justifiable to have rendered a not-guilty verdict on this part of the facts charged.

B. There is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials on sentencing have not been submitted in the trial at the same time regarding the unfair argument of sentencing.

In full view of the contents of the instant crime and all other conditions of sentencing indicated in the record, the sentence imposed by the lower court on the Defendant appears to be determined within the scope of the court’s sentencing discretion, and is too minor to the extent that the reversal cannot be avoided.

shall not be deemed to exist.

3. The prosecutor's appeal of the conclusion is dismissed (Provided, That the court below's fourth part of the judgment of the court below shall be dismissed as "Article 55 (1) 3" and "Article 55 (1) 6" shall be added to the last part of the fifth part of the judgment of the court below, and it shall be corrected ex officio as "(within the scope of the total amount)."

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