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(영문) 의정부지방법원 2016.08.18 2016노1290
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the defendant has a family member(s) to be supported by the defendant.

However, insurance fraud, which obtains unjust profits by abusing insurance contracts, such as the instant crime, needs to be strictly punished by social harm, such as the transfer of damage to a large number of good insurance subscribers and scambing the foundation of the insurance system, etc. Therefore, in this case, the number of victims and the amount of insurance proceeds obtained by deceit is large.

The defendant did not agree with the victims so that he/she might be faced with the truth, and it does not seem that he/she has made a serious effort to recover from damage.

The defendant has a previous offense of a fine for the same kind at one time, and has several previous offenses, including a previous offense, which are committed by him.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

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.

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