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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, D, and F’s sentence (Defendant A: 10 months of imprisonment, Defendant D, and F: 2 years of suspended sentence and community service order 160 hours in six months of imprisonment) is too unreasonable.
B. The judgment of the court below is unfair, and the sentence of the court below (two years of suspended execution in six months of imprisonment, two years of community service order 240 hours) is too unreasonable.
(c)
Defendant
H and I did not intend to cause the instant accident with Defendant A, and even if there was no injury to be hospitalized, it did not mean that the Defendants were hospitalized as if they were injured.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment as to Defendant E’s assertion of mistake, that is, the following circumstances that can be seen, namely, ① was in a tent from the alleyway in the lower court’s court, but Defendant E’s vehicle was driven rapidly bypassing it.
The accident of this case did not have been hospitalized and the daily life was possible.
(2) At the court of the court below, AK confirmed the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty and duty
After the accident, three persons, including Defendant E, were on the vehicle.
In examining the shock level, we tried to make a match with almost little defects and try to do so, and Defendant E, etc. was frighted and humped.
There is no reason for minor shocking level, and there is no fact that hospitalization or repair of a vehicle is conducted due to an accident.
In full view of the facts stated in the judgment below, Defendant E and his accomplices received hospitalized treatment, etc., it is sufficiently recognized that Defendant E conspired with accomplices and acquired insurance proceeds from the insurance company as stated in the facts constituting the crime in the judgment below.