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(영문) 부산지방법원 2014.11.07 2014노2618
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of habitual fraud among the facts charged in the instant case is not intentionally paid a traffic accident, and there is an error of misconception of facts.

B. Each sentence of the judgment of the court below on unreasonable sentencing (each of the crimes of Nos. 1, 2, 4, and 5 on the market: Imprisonment with prison labor for one year and four months and a fine of 3.5 million won, and a crime of No. 3 in its holding: Imprisonment with labor for two months) is too unreasonable.

2. Determination

A. The following facts are acknowledged based on the evidence duly adopted and examined by the court below regarding the crime in the annexed crime list 1 through 4, 6, and 13. Each of the crimes of this case, namely, each of the crime of this case was committed by the defendant's access to a vehicle driven by the defendant and demanded the driver to compensate for losses as if the accident occurred due to a traffic accident, and received the agreement or medical expenses from the insurance company. The crime method is similar. The location where the accident occurred is similar to the number of crimes, and the defendant appears to be close to the defendant's residence and well-known area according to the Busan L/C, and the above accident is repeated for a relatively short period even though it appears to be easily avoided. At the time of the accident, the defendant was under the influence of alcohol and the other driver intentionally caused the accident.

In full view of the fact that at least the defendant stated that he did not bigly deal with the above accident, it is reasonable to deem that he received money from the driver or the insurance company by claiming that the defendant intentionally faced with the vehicle or did not have any accident, thereby causing damage to the vehicle. Therefore, this part of the defendant's assertion is without merit.

(2) According to the evidence duly adopted and examined by the court below regarding the crimes listed in the annexed list 5, the car driven by the AJ is from one to two lanes.

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