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(영문) 인천지방법원 2018.05.10 2018노905
절도등
Text

All the judgment below is reversed.

As to the crime of larceny in the judgment of the defendant, each of the larcenys in the judgment.

Reasons

1. Summary of grounds for appeal;

A. Each punishment sentenced by the court below (one month of imprisonment and a fine of 300,000 won) is too unreasonable.

B. Each sentence of the court below rendered by the prosecutor is too uneasible and unfair.

2. Ex officio determination (as to the judgment of the court below on the grounds for appeal by the defendant and the prosecutor, prior to the judgment on the grounds for appeal by the defendant and the prosecutor, we will examine ex officio.

In the case of fraud, in case where the money is acquired through deception several times against the same victim, if the criminal intent is the same and the method of the crime is the same, only the comprehensive crime of fraud shall be established. The comprehensive crime shall not be divided into two separate crimes because the final judgment on the separate crime has been made in the middle, and in this case, it shall be dealt with as a crime after the final judgment (see Supreme Court Decision 2002Do2029, Jul. 12, 2002, etc.). According to the records of this case, ① the defendant is recognized as imprisonment with prison labor for not more than eight months on August 27, 2013 for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles), with the above final judgment sentenced on Jan. 17, 2014 (hereinafter referred to as "final judgment") and the judgment on Feb. 16, 2016 (hereinafter referred to as "the above final judgment") which became final and conclusive on Oct. 216, 2016, 2018. 2016.

In addition, the crime of fraud of this case in the facts stated in the judgment below is a crime that caused a traffic accident by the method that the defendant intentionally caused a traffic accident (accident) by the so-called "shacker", and received the insurance proceeds total of KRW 1,324,510 from September 30, 201 to April 22, 2015. Although the defendant's claim for the final insurance proceeds (medical expenses) and the date of receiving the insurance proceeds are far away for a considerable period from the date of the occurrence of the insurance accident, the victim insurance company is the same as the victim insurance company.

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