사기
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of the legal principles and misunderstanding of the facts, the Defendant committed an accident on the truck driven by E (hereinafter “instant truck”) and received the normal insurance money from the insurance company that was a member of E, and did not receive the insurance money by deceiving himself/herself as if he was involved in the accident. However, the lower court convicted the Defendant, which erred by misapprehending the legal principles and misapprehending the legal principles.
B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and legal principles, the Defendant also asserted to the same effect as the grounds for appeal in this part, but the lower court rejected the Defendant’s allegation on the ground of the circumstances indicated in its reasoning.
In addition to the following circumstances, the court below's determination is just and acceptable, and there is an error of misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant, such as the defendant's assertion.
subsection (b) of this section.
1) On January 16, 2016, the record of “O” medical records, which the Defendant had started with the Defendant, following the occurrence of the instant accident, stated only as “1/15 truck and log beyond (a)” as to the Defendant’s internal details.
If the defendant stated that he was placed on the truck of this case to the doctor in charge at the time, it is a common sense to view that there are more clear circumstances, such as “the truck going beyond the string,” or “traffic accident,” etc.
2) From January 16, 2016, the defendant
2. The J Hospital’s record of self-treatment on January 16, 2016, which received hospitalization by up to June 2016, only stated “Slip down” as “on the preceding day of internal origin,” and there is no reference to the instant truck or traffic accident.
3) On April 9, 2016, the Defendant mar the 4-5 trend in J Hospital on April 9, 2016.