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(영문) 춘천지방법원 2015.02.11 2014노852
사기등
Text

The judgment of the court below is reversed.

As to the crime of Articles 1 through 11 of the judgment of the defendant, two years of imprisonment and the crime of Article 12 of the judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the sentence of paragraphs 1 through 11 at the time of sale: imprisonment of 2 years and 6 months, and the sentence of Article 12 at the time of sale: imprisonment of 6 months) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Each of the instant crimes is a situation unfavorable to the Defendant, such as the following: (a) the Defendant intentionally caused a traffic accident by receiving insurance proceeds from multiple insurance companies through the receipt of false accidents; (b) the nature of the crime is inferior in light of the frequency of the crime; (c) the establishment of a sound insurance culture and the protection of the interests of the majority of policyholders; (d) each of the instant crimes is a systematic and planned crime; and (e) the Defendant is the principal offender; and (e) the crime of Article 12 of the judgment is a crime during the period of probation.

However, in the meantime, when considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various conditions of sentencing as shown in pleadings such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it is judged that the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and the judgment below is

(However, the appeal by the prosecutor is without merit, but the decision of the court below is reversed by accepting the appeal by the defendant, and thus, the appeal is not ordered separately in the disposition). Criminal facts and summary of the evidence are acknowledged by the court.

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