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(영문) 서울중앙지방법원 2015.07.10 2015노1799
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each traffic accident of this case of mistake of facts is an accident, not an intentional accident by the defendant for the receipt of insurance money.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion of mistake of fact by specifically explaining the grounds for appeal and the same argument as that of the Defendant.

In light of the evidence duly admitted and examined by the court below, in full view of the objective circumstances such as the location and circumstance of each traffic accident of this case, the Defendant’s speech and behavior after the occurrence of the accident, the degree of injury of the Defendant, and the degree of damage to the other party’s vehicle, etc., the decision of the court below which rejected the Defendant’s assertion is just, and it can be sufficiently recognized that the Defendant received the insurance money after intentionally making contact with

The defendant's assertion of mistake is without merit.

B. As to the assertion of unreasonable sentencing, the instant crime ought to be considered in relation to the case of being adjudicated together with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, including fraud as stated in the first head of the judgment below

However, the crime of this case is committed by acquiring insurance money after the defendant intentionally caused the accident, and the nature of the crime is very poor; the frequency of the crime is 9 times in total; the amount of the fraud is 11 million won in total; the defendant has not recovered from the crime of this case up to the judgment of the court; the defendant does not seem to be an anti-defensive light, such as the motive, means and result of the crime of this case; the defendant's age, character and behavior, environment, health conditions, criminal records, circumstances after the crime of this case, etc.; and in full view of all the sentencing circumstances in the records, such as the motive, means and result of the crime of this case, the defendant's age

3. The appeal by the defendant is justified.

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