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(영문) 서울남부지방법원 2014.01.09 2013노754
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. In fact-finding (the defendants) on April 28, 201, Defendant A had no fact that Defendant B was pushed down on the rear door of the village bus on April 28, 2011, and Defendant B was faced with the accident that Defendant B went up to the lower part of the back stairs on the wind that the village bus rapidly turn to the left.

In other words, since the 1-B traffic accident as stated in the decision of the court below is a genuine accident, the defendants do not receive insurance money in disguise of the above traffic accident.

B. The Defendant B was treated with a mental disorder for a period of not more than 20 years due to a sullosis and alcohol colon, and the Defendant B committed the instant crime in a state of lacking judgment and mental capacity compared to the general public due to mental disorders of Grade B.

C. The sentence of the judgment of the court below on unreasonable sentencing (the defendant A: imprisonment of one year; imprisonment of eight months; suspended sentence of two years) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below (the defendants) and the written statement of the police statement about Q, the defendants' boarding the F Village bus on April 28, 201, and the defendant Eul was later located in the back door, and the defendant Eul was later located in the defendant Eul, but it was found that the defendant Eul was less away from the back door of the defendant Eul's body because it was long as the community bus started at the stop, and it was found that the defendant Eul was unsatisfying the body of the defendant Eul, and according to this, it can be sufficiently recognized that this part of the facts charged that the defendants acquired the insurance money by pretending the insurance accident. Thus, the defendants' assertion of mistake of facts is without merit.

The defendants asserted that the body of the defendant A was frightly contacted by the wind that the village bus rapid turn to the left. However, according to the cdi image, the body of the defendant A is natural to the defendant B according to the direction of the village bus.

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