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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.05.30 2012노5620
상습사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts as stated in the facts charged acknowledged the fact that the traffic accident occurred as shown in the facts charged, but this is merely an accident that occurred due to the negligence of the other party even though the Defendants normally drive, and the Defendants did not cause a traffic accident with the intent to obtain insurance money, etc. or to keep the agreement from the other party drivers. Nevertheless, the part which the court below found the Defendants guilty as stated in the judgment of the court below as to the Defendants was erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts, even though the part which the court below found the Defendants guilty against the Defendants was maintained as it is, the judgment of the court below is unfair.

B. A prosecutor 1) The part of the judgment of the court below which acquitted the Defendants in the misconception of facts constitutes a typical type of crime which causes a traffic accident with the intention of deceiving the insurance money or preventing the agreement from the other drivers, and considering the other drivers' statements and the evidence legitimately submitted by the prosecutor, although the court below found the Defendants guilty of this part of the charges, the court below acquitted the Defendants on the ground that this part of the charges constitutes a case where there is no proof of a crime. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment. 2) Each sentence imposed by the court below on the Defendants of unfair sentencing is too una

2. Determination

A. In a case where the Defendants denies the criminal intent along with the conspiracy of conspiracys, the facts constituting such subjective elements are attributable to the method of proving the indirect or circumstantial facts that have considerable relevance with the criminal intent given the nature of the object.

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