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(영문) 대법원 2014.08.26 2014도4608

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The court of final appeal may examine and determine the Defendant’s grounds of final appeal only within the extent of filing an appeal based on the grounds of final appeal. As such, the grounds of final appeal clearly states the grounds of final appeal as to which part of the lower court’s judgment is in violation of the statute, and as such, the grounds of final appeal do not contain any indication as to which part of the lower court’s judgment did not violate the statute, and thus,

2. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the ground that there was no proof of the relevant criminal facts regarding the fraud caused by traffic accident on March 12, 2011 among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and there is no error of misapprehending the purport of prosecution and the defendant's assertion, or of misapprehending the legal principles on insurance fraud.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.