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(영문) 대구지방법원 2016.08.12 2016노2092
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) the crime of this case intentionally causes a traffic accident or by deceiving the insurance money by pretending the injury; (b) it is necessary to strictly punish and eradicate the damage since the damage caused by such crime is highly harmful to society, such as that it will return to a large number of good insurance subscribers; and (c) the defendant has committed several crimes for a long time by attracting to the surrounding people, such as his spouse and siblings, etc.; and (d) there are no significant amount of damage and the nature of the crime; (b) the defendant is against the defendant's confession of the crime of this case; (c) the defendant is paying part of the damage amount to the victims; and (d) the defendant is paying part of the damage amount to the victims; (d) Samsung T&T Co., Ltd. Co., Ltd., damage insurance Co., Ltd., Ltd., M&F Co., Ltd., Ltd., and agreed to do so; and (d) the defendant's age, environment, motive, motive of the crime of this case;

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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