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(영문) 의정부지방법원 2014.05.15 2012노509
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) was actually aware of the fact that, in the toilet in an aircraft, the injury was caused by the storm glass allebing on the left-hand side; (b) was the real name of the Defendant, and even if at the time,

Even though the real name of the defendant was the real name by the hystheme, the court below recognized the crime of fraud without recognizing all the real names and the real names by the hystheme of the defendant, and recognized the crime of fraud by recognizing the crime of defraudation of the defendant.

B. The court below erred in the misapprehension of legal principles on the grounds that the court below found the defendant guilty by taking into account the INVTSIG REPR (1040-1044 pages of investigation records) and the report (1045-1056 pages of investigation records) as evidence. The above evidence is hearsay evidence, despite the fact that the defendant's admissibility is not recognized as hearsay evidence with his consent, and thus, it is erroneous in the misapprehension of legal principles on the ground that it was admitted as evidence of guilt without undergoing any procedure

C. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mistake of facts, the following circumstances may be recognized.

(1) The Defendant subscribed to an overseas travel insurance product of the victim AIG damage insurance company 13 days prior to the date of the occurrence of the instant accident.

B. The Defendant purchased the glass microscopes that had been previously worn five (5) days prior to the date of the occurrence of the instant accident, and the Defendant began to wear the glass microscopes. As above, the Defendant changed the plastic microscopes to the glass microscopes and worn the plastic microscopes only 50 (50) days after purchasing the plastic microscopes.

Reference C Hospital's doctor D issued a medical certificate stating that the real name status of the defendant at the time was not finally diagnosed but clinically presumed. The presumption of the real name of the defendant is not attributable to the inside of Ansan-si.

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