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(영문) 대법원 2020.02.13 2019도17301
특수상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds stated in its reasoning, the lower court acquitted the Prosecutor on the grounds that there was no proof of a crime regarding each of the violation of the Special Act on Insurance Fraud Prevention, Special Bodily Injury, and Damage and Damage to Special Articles listed in the crime sight table Nos. 4 through 6 among the facts charged

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on intention.

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of attempted fraud as stated in No. 3 No. 1 of the crime sight table among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal doctrine on the criminal intent of deception and deception, and by omitting necessary judgment, thereby adversely affecting the conclusion of the judgment.

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

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