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(영문) 춘천지방법원 2014.11.26 2014노108
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was actually hospitalized treatment at the F Council members of Ampha F, and the Defendant did not receive false hospitalized treatment even though it was possible to receive outpatients. Therefore, the Defendant did not receive insurance money from the victims.

B. The sentence of the lower court’s unreasonable sentencing (the fine of four million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the lower court also rejected the Defendant’s assertion of the same purport, on the grounds that the evidence duly admitted and investigated was comprehensively taken into account and found guilty of the facts charged, and on the other hand, rejected the Defendant’s assertion of misunderstanding of facts on the grounds of detailed reasons.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding

B. Although there are extenuating circumstances to consider the Defendant’s assertion of unfair sentencing, such as having no record of criminal punishment in excess of the same criminal record and fine, according to each of the evidence of this case, even though the facts charged are sufficiently recognized, there are insufficient circumstances such as denying the Defendant’s continuation of criminal act, etc. The Defendant’s request for formal trial by which a summary order of KRW 5 million was issued by the instant case, and the Defendant was reduced to a fine of KRW 4 million in the lower court by taking account of the motive and background leading up to the instant crime, circumstances leading up to the instant crime, the Defendant’s age, character, and environment, etc., and other various sentencing conditions indicated in the record, such as the Defendant’s motive and background leading up to the instant crime, the circumstance after the crime, and the

3. Thus, the defendant's appeal is without merit.

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