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(영문) 울산지방법원 2019.02.15 2018노1183
사기
Text

The defendant's appeal is dismissed.

The decision of the court below shall be corrected to add a list of crimes in attached Form.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was involved in a traffic accident where the right edge, etc. was caused by a car driven by D at the time of the instant case, and accordingly there was only the fact that there was a legitimate claim for medical expenses to an insurance company, and there was no deception of the victim’s pecuniary advantage equivalent to medical expenses.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① from the investigative agency to the court of the court below, “A vehicle driven by D was parked in the signal atmosphere at the time of the instant accident and thus it was impossible for the Defendant to reverse the Defendant’s appearance,” and the Defendant’s statement consistent with the facts in the instant case: “The Defendant did not have any country with the oral compromise reported at the time of the instant accident.” The contents of the statement are specific, natural and natural, D’s statement or photograph taken by the Defendant at the time of the instant accident, which is supported by other evidence, such as the Defendant’s oral photograph taken by the Defendant at the time of the instant accident. ② The Defendant’s oral photograph taken after the instant accident was unable to confirm the country where the other vehicle was driven by the Defendant, ③ The Defendant’s injury or photograph was caused by the Defendant’s injury or other injury immediately after the Defendant’s saw or the injury was inflicted by the Defendant.

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