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(영문) 대구지방법원 2018.10.25 2018노2868
보험사기방지특별법위반등
Text

The judgment of the court below is reversed.

The defendant shall be sentenced to 4 months of imprisonment with prison labor for the crimes of 1-b, c, d, and 2.

Reasons

1. The sentencing of the court below (the imprisonment with prison labor for the crimes Nos. 1 and 2 in its holding, 6 months, 3 and 4 in its holding) is too unreasonable.

2. An ex officio determination prosecutor filed an application for amendment to an amendment to an indictment with “from the same date to April 24, 2017 from the same date” in Article 1(1) of the judgment of the court below among the facts charged, to “from the same date to June 19, 2017 from the same date.” Since this court granted permission, the part of the judgment of the court below cannot be maintained as it is.

B. A. The lower court held that the facts constituting the crime No. 1-B, C, D, and 2 as indicated in this part of the crime are concurrent crimes under the former part of Article 37 of the Criminal Act.

Since a single sentence has been sentenced, the judgment of the court below cannot be maintained in its entirety.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's improper assertion of sentencing, and it is again decided after pleading.

[Judgment used again] The summary of criminal facts and summary of evidence in Section 1-A of the criminal facts are as stated in the corresponding column of the lower judgment, except that “from the same date to April 24, 2017 from the same date as “from the same date to June 19, 2017 from the same date” in Section 1-A of the same criminal facts.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 (the fraud point, the choice of imprisonment), Articles 352, 347(1), and 30 (the attempted fraud point, the choice of imprisonment) of the Criminal Act, Article 8 of the Act on Special Cases concerning the Prevention of Insurance Fraud, Article 30 of the Criminal Act (the point of insurance fraud, the choice of imprisonment), Article 350(1) of the Criminal Act (the choice of imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crimes No. 3 and No. 4 of the Decision)

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to Article 1-2 (2), (3), (4), (2) and (3) of the Act on the Handling of Concurrent Crimes, and special larceny, or robbery, or robbery, in which judgment has become final);

1. The sentencing of Article 37 (former part), Article 38 (1) and (2), and Article 50 of the Criminal Code that aggravated concurrent crimes.

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