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부산지방법원 2018.11.09 2018노3334

The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. The Defendant, by intention, did not cause an injury by intentionally putting on his own motor vehicle driving on his own port.

B. The punishment sentenced by the lower court (3 million won) is too heavy.

2. Determination

A. The judgment of the court below on the assertion of mistake of fact is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① it can be confirmed that the defendant intentionally laid his left side into the back wheels of the instant vehicle where the defendant was engaged in according to the incident video CD images taken by the situation at the time, and ② the defendant asserts that the pipe of the left side bridge in the state where the vehicle did not see that it was coming from the vehicle, and ② the vehicle of this case runs a narrow sloping at a very slow speed from the direction of viewing the defendant as the head, and the vehicle of this case was operated at a very slow speed in the direction of viewing the defendant as the crime of this case among the Does that the defendant was immediately adjacent to the defendant, and the defendant's assertion that it is difficult to believe that the defendant's act of this case was committed, and it can be acknowledged that the defendant received the insurance money after intentionally causing injury.

Therefore, the defendant's assertion of facts is without merit.

B. The insurance premium received by the defendant as to an unfair argument of sentencing is not relatively large to KRW 1.19 million, and there is no history of criminal punishment for the past twenty-five years.

However, the crime of this case is committed by the Defendant with intentional accidents and with the delivery of insurance proceeds, and there is a serious social harm that may threaten the foundation of the insurance system by transferring the damage to many insurance subscribers.

In addition, the lower court’s sentencing judgment is determined by comprehensively taking account of all the conditions of the instant pleadings and records, such as the Defendant’s age character and character environment, motive and means of crime, and circumstances after the crime.