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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles has been under the influence of alcohol while the Defendant was in a dispute, and the Defendant did not commit an assault against the victim, there is an error of misunderstanding of facts or misunderstanding of legal principles in finding the Defendant guilty of the injury caused by assault. 2) The sentencing of the lower court (one year of imprisonment) on an unreasonable basis is unreasonable.
B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part) ① In the case of fraud of insurance money, each act of claim for insurance money shall be deemed a deception, and in the case of fraud of insurance money, the negotiation of agreement was commenced in full by claiming the insurance company by the husband L of the victim who believed it as a fact according to the Defendant’s false statement. ② If the circumstances are followed, the Defendant made a fraudulent act claiming the agreed amount separately from the claim for medical expenses to the victim insurance company using L who is unaware of such circumstance, and thus, the charges that the Defendant attempted to acquire 470 million won of the agreed amount constitutes a crime of attempted fraud, but the judgment of the court below which acquitted the Defendant is erroneous by misunderstanding of facts or misunderstanding of legal principles. 2) The sentencing of the court below on the Defendant
2. The court below rejected the defendant's assertion of mistake of facts or misapprehension of legal principles on the defendant's assertion in detail under the title "a judgment on the defendant's and defense counsel's assertion" in the judgment of the court below, which states that the defendant's assertion of facts or misapprehension of legal principles is identical to the grounds for appeal in this part, and the court below rejected the above assertion in detail. In light of the above judgment of the court below compared with records,
3. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle
A. The judgment of the court below was duly adopted and examined by the court below.