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(영문) 인천지방법원 2014.08.08 2014노1919

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (as to the part of the crime of oil), the Defendant intentionally did not cause a traffic accident, and there was no intention to acquire the insurance money of this case because he was injured due to a traffic accident due to by chance, such as the fault of the other driver of the vehicle. Nevertheless, the judgment of the court below convicting him of the insurance money of this case is erroneous by misunderstanding the facts and misunderstanding of legal principles, thereby adversely affecting the conclusion of the judgment. 2) The sentence of unfair sentencing (two years of imprisonment) by the court below is too unreasonable.

B. In full view of the following facts: (a) the Defendant intentionally recognized that the Defendant intentionally caused each traffic accident listed in the annexed crime list Nos. 1, 13, 14, and 16, based on the statement of the other vehicle driver, the video records of CCTV video materials, and the fact that the Defendant had been sentenced to suspended sentence due to an insurance fraud of the same method as the instant case even before the Defendant was found guilty. Therefore, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment. (b) The lower court’s sentence of unfair sentencing (two years of imprisonment) is unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the Defendant’s assertion, the lower court rejected the Defendant’s assertion in detail, on the grounds that the Defendant and the defense counsel did not have any intention to acquire the insurance money of this case, since the Defendant and the defense counsel sustained injury due to a traffic accident which occurred by chance, not a traffic accident caused intentionally, and thus, there was no intention to acquire the insurance money of this case.

In the circumstances that the court below properly determined, the police officers against theO duly adopted and investigated by the court below and the trial court.