The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) is that the judgment of the court below was erroneous in the misapprehension of the facts, even though the defendant had intentionally been found in the city bus with the intention of acquiring insurance money.

2. Determination

A. On December 11, 2016, the Defendant: (a) around 13:05 on December 13, 201, the summary of the facts charged in the instant case: (b) reported that the F urban bus driven by E on the front side of the D cafeteria located in Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government is going to run; and (c) caused an intentional traffic accident of contact, which goes beyond the right side of the bus, from India to its vehicular road.

Therefore, the defendant suffered from the injury caused by the bus fronter, and requested the bus company to deal with insurance, etc., and received insurance money from the bus mutual aid association, but did not achieve that purpose, but did not commit an attempted crime.

B. In light of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court found the Defendant not guilty of the facts charged in the instant case on the ground that: (a) the Defendant, at the time of the accident, appears to have been drunk and went beyond the roadway from India regardless of his/her own will; and (b) the evidence submitted by the Prosecutor alone alone was insufficient to recognize the Defendant’s intention to acquire money intentionally or otherwise obtain money by fraud.

① immediately after an accident, bus driver E attempted to communicate with the Defendant, but at the time, the Defendant was under the influence of alcohol to the extent that the conversation itself is difficult.

(2) Even though a motor vehicle arrives at the scene, the accused shall send it to his/her house.

In other words, I seem to have returned home without having to the hospital.

At the time, the defendant had a horse on insurance handling to E, and there is no marking.

③ E is memoryed that the Defendant was crypted in the bus as he had a power, and it seems that the Defendant was willing to commit suicide at the time.