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(영문) 서울동부지방법원 2015.06.25 2014노957 (1)
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of a traffic accident, the Defendant, after deducting the vehicle from the three-lanes, contacted the insurance company with Co-Defendant 2 after checking that the Defendant erred by dividing the vehicle into Co-Defendant 2 and talking with the lower court. After that, Co-Defendant 2 attempted to re-convene the situation of the accident by re-stamping the situation of the accident and then re-convene the situation after the accident.

As such, the Defendant only carried out insurance management due to the actual traffic accident, and the lower court found the Defendant guilty of the charge of fraud. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The court below's decision on unfair sentencing is too unreasonable on the four-month suspension of execution, community service, and 120 hours, which were sentenced by the court below on the defendant.

2. Determination on the grounds for appeal

A. The court below made a statement in an investigation agency and court that the witness L of the court below made a flive statement that he had a sound that occurs when the vehicle is in contact with the co-defendant after dividing into the court below's dialogue. If the situation where L is witness reconvened as the defendant's argument, there is no sound that the vehicle actually conflicts if the situation where L was witness reconvened into the accident as the defendant's argument, and the Co-defendant of the court below's decision was more late than the time when the insurance company took a call to the insurance company for the acceptance of the accident and reported the accident, and the argument that the co-defendant was a telephone of the insurance company after the actual accident occurred, and that L was witnessing the situation of the accident of the defendant and the co-defendant of the court below, the court below convicted the defendant of the facts charged.

Examining the judgment of the court below in detail by comparing it with the records, the court below's judgment.

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