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(영문) 서울서부지방법원 2015.05.28 2014노1782

폭력행위등처벌에관한법률위반(공동공갈)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) With respect to the accident described in paragraph (1) of the crime sight table (1) as indicated in the judgment of the court below, Defendant A did not intentionally make an accident, and there is no fact that Defendant A received KRW 3 million as an accident insurance money.

B) As to the accident described in No. 16 of the crime sight table (2) as indicated in the judgment of the court below, the part of the charge of violation of the Punishment of Violences, etc. Act (joint conflict) among the charges of this case was committed by Defendant A, and Defendant A did not have been on board at the time, nor did he receive the agreement, and Defendant C did not take tobacco in the name of Defendant C, and only caused the victim AB.

Therefore, there is no fact that Defendant A et al. conspired with Defendant C et al. for the victim AB.

2) At the time of committing the instant crime with mental disorder, Defendant A was in a state of mental disorder or mental and physical disorder beyond a self-psychotropic system. 3) The sentence of the lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too heavy.

B. Defendant B (1) misunderstanding of facts did not take part in Defendant A’s fraud. (2) misunderstanding of facts or misunderstanding of legal principles, Defendant B’s speech that Defendant A would bring a mobile phone which he had left from Defendant A to use for the cost of living, thereby bringing a mobile phone accordingly. Therefore, Defendant B did not steal a mobile phone.

C. Defendant C (1) misunderstanding of facts did not commit all the crimes as stated in the judgment of the court below. (2) The sentence of the court below’s unreasonable sentencing (one year and ten months of imprisonment) is too heavy.

Defendant

E Defendant E’s failure to assist Defendant E in committing the crime of fraud by ordering Defendant F to issue a written estimate or quotation, and there was no intention to assist Defendant E.

E. Defendant F is merely a written estimate issued according to the process of performing duties, when the vehicle involved in an accident enters into the vehicle, and Defendant F does not issue a written estimate to facilitate Defendant F’s insurance fraud crime, but is also the intent of aiding and abetting.