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(영문) 서울중앙지방법원 2018.02.01 2017노3945
보험사기방지특별법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible to the Defendants in the lower court’s punishment (a fine of three million won for each of the said Defendants).

2. Although there are extenuating circumstances such as the Defendants’ deceptionation, Defendant A was prior to the probation, and Defendant B committed the instant crime during the probation period, considering the favorable circumstances such as the Defendants’ agreement with the victims and the restoration of damage in the lower court, the sentence against the Defendants cannot be deemed as unfair because the sentence of the lower court against the Defendants is too unfeasible.

The prosecutor's assertion is without merit.

3. As the appeal against the Defendants by the prosecutor of the conclusion is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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