beta
(영문) 서울남부지방법원 2015.11.05 2015노706

상습사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1,485,00 won out of the costs of the trial shall be the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (A) Defendant 1 driven a vehicle under the influence of physical and mental disability, damage of visual psychosissis, side effects due to medication, etc., and traffic accidents as stated in the instant facts charged have occurred under the above circumstances due to the Defendant’s failure to drive a vehicle and speed manipulation. Such traffic accidents found guilty in the lower court did not cause such traffic accidents intentionally by the Defendant.

B) In addition, the court below found the defendant guilty of the part as stated in the [Attachment List Nos. 14, 29, 51, 76, 78, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) According to the reasoning of the judgment of the court below, the sentence imposed on the defendant (one year of imprisonment) is too unreasonable and unfair. (b) The prosecutor 1) the statement of the other party driver of the vehicle, the statement of the other party driver of the vehicle, and the video of the black picture, etc., the part which acquitted the defendant at the court below (the part of the attached crime list 1 through 13, 15 through 28, 30 through 50, 52 through 75, 77, 79 through 85) may also be sufficiently recognized that the defendant intentionally caused an accident. (b) The defendant intentionally caused an accident 85 times of approximately five years, such as the list of crimes in the attached Form.

C) Nevertheless, the lower court rendered a judgment not guilty of habitual fraud with the part indicated in attached Table 1 through 13, 15 through 28, 30 through 50, 52 through 75, 77, 79 through 85, and the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The above sentence imposed by the lower court on the Defendant is too excessive.