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(영문) 인천지방법원 2016.02.17 2015노4781
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The following facts are favorable: (a) the Defendant made confessions of all the instant crimes and reflects against the Defendant; (b) the insurance fraud crime causes moral hazard to the general public and causes economic loss to many general insurance subscribers, and thus, is highly likely to severely punish them; (c) the instant crime is committed by the Defendant under several laws such as acceptance of a false accident with his accomplices or intentionally causing a traffic accident; (d) the Defendant received insurance money, etc. from the damaged insurance companies by pretending the insurance accident under several laws, such as the occurrence of a false accident; (b) the crime is very poor in light of the circumstances of the crime, and the number of the victims; (c) the damage caused by the instant crime was recovered or not agreed with the victims; (d) the same criminal record was committed twice; and (e) the Defendant’s age, sex, environment, the degree of participation in the instant crime, the degree of equity in criminal punishment and the circumstances before and after the instant crime, and thus, (e) the lower court’s punishment against the Defendant is too unreasonable.

3. If so, the defendant's appeal is without merit, and 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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