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(영문) 의정부지방법원 2019.11.21 2019노231
사기등
Text

The part of the judgment of the court below as to the conviction of the first instance and the second judgment shall be reversed respectively.

Reasons

1. Summary of grounds for appeal;

(a) The sentence of the court below (as to the court below's judgment No. 1 and 2) among each of the sentencing sections of the court below, the sentence of the court below No. 1: imprisonment with prison labor for one year, the remaining convictions [the crime of No. 1-A-2 and No. 1-B, 1-2, and 2] as to the crime of No. 1-A-1 as indicated in the judgment of the court below, and imprisonment with prison labor for one year and April 2.

B. The prosecutor (the judgment of the court below is not guilty) 1) misunderstanding of facts (the part of acquittal) as stated in this part of the facts charged, found A Q driving car with the change of the tea line as shown in this part of the facts charged, caused a traffic accident with AP driving A4 car, and there was proof of the fact that the defendant claimed insurance money to the employee in charge of the victim B as if Q was a traffic accident caused by negligence, and obtained the total amount of insurance money of KRW 5,353,810, the court below acquitted the defendant of this part of the facts charged. 2) Sentencing and around sentencing (the first instance court: imprisonment with prison labor for one year and April 1).

2. Ex officio determination

A. Point 1: Consolidated trial (Article 1-A(1) and Article 2-1(1) of the judgment of the court of first instance in which the judgment of the court of first instance was rendered, and Article 1-A(1) and the judgment of the court of second instance in which the defendant and the prosecutor filed an appeal against the judgment of the court of first instance in respect of the defendant, and this court decided to hold a joint trial against the above two appeals cases. Since the crimes of Article 1-A(1) and Article 2 of the judgment of the court of second instance in relation to each of the concurrent crimes under the former part of Article 37(1) of the Criminal Act are concurrent crimes under Article 38(1) of the Criminal Act, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act, the guilty part of the judgment of the court of

B. Point 2 of Reasons for Quashing: The defendant is at the time of the misapprehension of legal principles as to "disposition act" or the mistake of facts (each crime described in No. 24, 36 of the judgment of the second court) 1.

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