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(영문) 서울서부지방법원 2015.09.10 2015노697
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too minor;

2. The instant crime is a factor to impose a sentence against the Defendant that is disadvantageous to the Defendant, on eight occasions from August 30, 2009 to December 30, 2012, since it is highly harmful that the Defendant acquired money from the damaged insurance company under the name of insurance proceeds by undermining the insurance finance, not only in bad faith, but also in such a fraudulent manner as promoting trust to society and creating a good counterpart driver into a traffic accident offender, etc.

However, it is the sentencing factor favorable to the defendant that the defendant has an opportunity to reflect his mistake by being detained for about five months in the process of the original trial. The fact that the defendant acknowledges all of his crimes, there is no criminal history of the same kind, there is no penalty heavier than the fine, the fact that considerable part of the insurance proceeds received from the damaged insurance company is repaid, and that he has been detained for more

In addition, considering all the sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and family relationship, the sentence of the court below cannot be deemed to be too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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