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(영문) 창원지방법원 2017.01.19 2015노2562
사기
Text

Defendant

All appeals filed by F and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant F (misunderstanding of facts) instructed the victim AB, AC, and AD, and several spawns, but did not assault the said victims as in the facts charged.

B. The sentence of the lower judgment against Defendant B (unfair sentencing) (two years of suspended sentence in six months of imprisonment) is too unhued and unreasonable.

2. Determination

A. We examine the judgment as to the defendant F's assertion of mistake of facts. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the contents of each victim AB, AC, and AD's statements made by the police are consistent and relatively specific (Evidence No. 1, No. 203 through 278, No. 351 through 361 of the Evidence Records), ② the above AB and AD jointly attended as a witness at the Changwon District Court 2013 Go-dan 2653 case with the above defendant and subsequently made a consistent statement as to the facts of the defendant's assault (Evidence No. 1, No. 528 through 551 of the Evidence Records), ③ the police and the prosecutor, together with the above defendant (Evidence No. 1, No. 528 through 51 of the Evidence Records).

There was a confession (No. 1, No. 425, No. 3, No. 1295 of the evidence record), the fact that the judgment became final and conclusive after the conviction was rendered for the crime (the above 2013 High Court Decision No. 2653 and No. 2923 of the same court) and 4 The defendant committed a few speblings in the court of the first instance.

I stated in the prosecutor's office that "it is the same as that there is a bucking fact, and in detail, I will not memory any person at any time and place.

In full view of the fact that the Defendant stated “” (No. 1st right, No. 308 of the evidence record), etc., it can be sufficiently recognized that the Defendant used the same victims as the facts charged, and the Defendant’s assertion is without merit.

B. We examine the prosecutor's unfair argument of sentencing, and there are many criminal records of the same kind to Defendant B, and the social harm of the insurance fraud crime is deemed to exist, but most of the insurance money acquired through deception is N.

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