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(영문) 광주지방법원 2018.02.22 2018노116
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (eight months of imprisonment) so long as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment too unfasible and unfair.

2. The crime of this case is an insurance fraud crime, such as intentionally causing a traffic accident on the road in which the Defendant’s violation of signal is frequent with his accomplices, by intentionally causing a traffic accident, and by deceiving the insurance money equivalent to KRW 35.7 million over five times by causing a traffic accident on the vehicle that has violated signal. The crime of this case is a very poor crime. This not only damages the foundation of the insurance system, but also causes damage to the good insured, and the damage therefrom has not been restored to the depth of the case.

However, in full view of the following factors: (a) the Defendant reflects the mistake; (b) the favorable circumstances, such as the fact that there was no previous conviction for the same kind of crime; and (c) the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the commission of the crime; and (d) various sentencing conditions specified in the instant records and arguments, it does not seem that the lower court’s punishment is too heavy or unreasonable

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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