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(영문) 대구지방법원 2020.08.14 2020노204
사기
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The judgment below

part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below which found Defendant 1 guilty on the grounds that each accident described in the annexed Table 2, 3, 11, 12, and 28 of the crime inundation table of the judgment of the court below was not driven by the Defendant, or that it was an accident that occurred by chance, but was not intentionally caused, and thus, it was erroneous in misunderstanding of facts. 2) The punishment of the court below which sentenced the unfair sentencing (two months of imprisonment) is too unreasonable.

B. Prosecutor 1) The judgment of the court below that acquitted the Defendant of each accident described in the annexed table of crime Nos. 6, 20, 24, 29, and 30 of the judgment of the court below is erroneous in misunderstanding of facts, even though the Defendant intentionally caused the Defendant to acquire insurance money. 2) The punishment sentenced by the court below of unfair sentencing (one month of imprisonment) is too uneasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

In the first instance trial, the prosecutor added "Attempted Crime" to the name of the crime, read the applicable provisions of law as "Articles 347 (1), 352, 30, 37, and 38 of the Criminal Act", and applied for the amendment of a bill of amendment to which part of the facts charged are changed. Since this court permitted this, the judgment of the court below is no longer maintained.

Even if there are such reasons for ex officio reversal, each argument of mistake between the defendant and the prosecutor is still subject to the judgment of this court, and this is examined first.

3. Determination of misconception of facts by the defendant and prosecutor

A. The lower court also asserted that the Defendant was identical to the assertion of mistake of facts, and the lower court rejected the Defendant’s assertion on this part of the charges based on the evidence duly admitted and examined.

Examining the evidence duly adopted and examined by the court below in light of the record, there is no reasonable doubt about this part of the facts charged.

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