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(영문) 서울남부지방법원 2014.05.01 2013노2172
사기등
Text

The judgment below

Among the parts of conviction (excluding the part of application for compensation) and the portion of innocence, the number of statements in the attached list of crimes shall be recorded.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts: The Defendant does not intentionally cause an accident, but does not receive unnecessary treatment or claim false insurance money to obtain insurance money after the accident.

Nevertheless, the court below found the defendant guilty on the remainder of the annexed crime list excluding Nos. 6, 9, 16, and 19.

(2) Unreasonable sentencing: The lower court’s imprisonment (one year of imprisonment) is too unreasonable.

B. The prosecutor (1) misjudgments of facts (not guilty part): The portion Nos. 6, 9, 16, and 19 of the annexed list of crimes committed in the annexed list was pronounced not guilty on the ground that the witness did not appear in the court below or that the appraisal of the witness's statement was made by mistake, although the fraud was recognized.

Therefore, the lower court erred by misapprehending the facts.

(2) Unreasonable sentencing: The lower court’s imprisonment (one year of imprisonment) is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mistake of facts, the Defendant also asserted as the grounds for appeal concerning each of the facts constituting an offense in this part, and the lower court rejected such assertion and found the Defendant guilty of all of this part of the facts constituting an offense

In full view of the evidence duly admitted and examined by the court below, the judgment of the court below is justified.

Therefore, this part of the defendant's argument is without merit.

B. As to the Prosecutor’s assertion of mistake of facts, the lower court found the Prosecutor not guilty on the grounds that the facts charged were insufficient to recognize this part of the charges, solely based on the Z as the driver of the other party, and the evidence submitted without Y’s attendance as a witness, and that there was no other evidence to acknowledge it.

In addition, the fraud of the attached Table No. 9 is committed.

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