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(영문) 대전지방법원 2020.09.03 2020노1679
보험사기방지특별법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (six months of imprisonment) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. The need to eradicate the insurance fraud crime is high because it is of a large scale of social harm, such as ultimately causing damage to a good insured.

The Defendant led the instant crime even during the period of repeated crime.

The crime of this case was committed in a planned manner several times, and the nature of the crime is also bad.

However, the defendant reflects his mistake, and the sum of the acquired money of this case reaches KRW 16 million, and the defendant partly repaid the victims, and additionally repaid KRW 3 million in the trial of the case of the victim.

In full view of other circumstances shown in the records and pleadings of this case, such as the age, character and conduct, environment, and circumstances after the crime, the punishment of the judgment below is too unreasonable.

Therefore, the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

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.

【The reason for the judgment of multiple times】 The summary of the criminal facts and evidence is as follows. The summary of the crime and evidence is as follows in accordance with Article 369 of the Criminal Procedure Act, except for adding “1. Criminal records: Inquiry Report (A), such as criminal records, investigation report (verification of crimes during the period of repeated crimes against A), case search results, judgment, and current status of confinement” at the last time.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, Articles 10 and 8 of the Special Act on Insurance Fraud Prevention, Article 30 of the Criminal Act, and the choice of imprisonment, respectively;

1. The Criminal Act among repeated crimes;

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