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(영문) 대구지방법원 2017.03.09 2016노5596
사기등
Text

The judgment of the court below is reversed.

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

Seized evidence 1 or 2 shall be confiscated.

The court below held.

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 degree of criticism is high in that the criminal defendant has caused a traffic accident repeatedly over a considerable period of time, and the criminal nature of the crime is considerably poor, such as receiving insurance money from a large number of damaged companies, and the criminal act of violation of the Road Traffic Act (joint dangerous act) also appears to be repeated.

However, it is recognized that the defendant's time to commit the crime of this case and reflects against the defendant, the defendant's entire amount of damage to the malicious non-life insurance company that suffered damage at the court below, Hyundai Commercial Reinsurance Co., Ltd., K non-life insurance company, K non-life insurance company, Korean Commercial non-life insurance company, Dong Fire Marine Insurance Co., Ltd., and the defendant paid part of the amount of damage to the same fire marine insurance company at the court below, and the above company is not subject to punishment of the defendant, and the defendant's age has yet to remain.

In full view of the above circumstances and various circumstances, including the Defendant’s age, sex, environment, occupation, circumstances after the crime, and family relationship, the lower court’s punishment is excessively unreasonable, and thus, it is deemed that the Defendant’s aforementioned argument in sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (the point of fraud: Provided, That Article 30 of the Criminal Act is added to the crime committed by conspiracy), Articles 352 and 347 of the Criminal Act.

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