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(영문) 인천지방법원 2017.09.13 2017노2695
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In short, there is insufficient objective evidence to acknowledge the Defendant’s assertion that V was the driver of the vehicle at the time of the instant accident, not the prosecutor (as to the part not guilty in the lower judgment) but the Defendant was the driver of the vehicle at the time of the instant accident.

Although it can be fully recognized, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment (one year of imprisonment) imposed by the court below on the defendant (the guilty part of the judgment below) is too unreasonable.

2. Determination

A. The lower court determined the Prosecutor’s assertion of mistake as to the facts of the instant accident without taking any measures against the Defendant’s occurrence of the instant accident by driving the instant vehicle at the date and place indicated in this part of the facts charged, on the sole basis of the evidentiary materials presented by the Prosecutor, while explaining the grounds for determination

It is not sufficient to recognize the recognition.

In light of this, the lower court acquitted this part of the charges.

The above judgment of the court below is just in light of the evidence duly adopted and examined by the court below and the reasoning of the court below.

Therefore, the prosecutor's assertion that the judgment of the court below that acquitted the defendant of this part of the facts charged is erroneous is without merit.

B. There is no change of circumstances to consider the sentencing after the judgment of the court below regarding the Defendant’s wrongful assertion of sentencing, and considering the various conditions of sentencing as shown in the records and arguments of this case, even considering the circumstances in which the Defendant asserted as grounds of appeal, the sentence of the court below is too unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so ordered as per Disposition.

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