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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.05.22 2015노563
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant of the instant facts charged, on the ground that the instant traffic accident by mistake of facts was an accident, and the Defendant did not intentionally cause an accident for the purpose of receiving insurance proceeds, and there was an error of misconception of the facts.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and investigated by the court below on the assertion of mistake of facts: ① the defendant stated that the defendant intentionally caused an accident even though all the counter drivers of the defendant and the accident were not in the situation of the accident; ② the accident most of the facts charged is recognized as the other driver’s traffic offenses or negligence and caused contact by the defendant; ③ the accident of the same kind similar to the other driver; ③ the defendant purchased and registered a high-priced external vehicle; ④ the accident of the same kind occurred in a short period; ④ the accident of personal injury remains in the insurance company; ④ the accident of the accident of the same kind remains in the insurance company; ④ the accident of the defendant remains in the insurance company; and there is a high possibility of being inspected by the investigation agency. The defendant is likely to receive the insurance money after the accident after the accident of each of the instant case, without receiving the insurance money or directly receiving the cost for the repair; and in light of the type and circumstances of the accident of the accident identified in some black video, it can be sufficiently recognized that the defendant intentionally made contact the other driver’s fault after receiving the accident.

Therefore, the defendant's assertion of mistake is without merit.

B. Determination on the assertion of unfair sentencing

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