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The accused shall dismiss an application for compensation by the applicant for compensation of the acquitted;
Reasons
1. The summary of the facts charged in the instant case is that the Defendant received insurance proceeds of KRW 34,206,770 from each insurance company from August 29, 2017 to January 3, 2018, by claiming the payment of insurance proceeds on the ground of traffic accidents on December 10, 2016, even though the Defendant did not have suffered injury, such as by cutting down on the left-hand edge due to traffic accidents.
2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
In full view of the following circumstances acknowledged by the record, it is difficult to deem that the Defendant, even though there was no injury, such as the left-hand dog due to a traffic accident, by deceiving each insurance company recorded in the facts charged, was proven to the extent that there is no reasonable doubt as to the fact that each insurance company, as stated in the facts charged, did not have any such injury.
1 On December 10, 2016, around 21:10 on December 10, 2016, the Defendant caused a traffic accident that meets with the passenger car volume during the walking.
Although there is no circumstance that there is no doubt about the process of occurrence, it is clear that the traffic accident is not false by the witness C’s statement, etc., and it is difficult to conclude it as a minor shock to the extent that there is no need for medical treatment in light of the defendant’s shock with the SUV car even in the degree of shock.
A witness C who had driven the said vehicle at the time also called “the defendant called on the next day of the accident and said to go to the Ampha Hospital.”