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(영문) 인천지방법원 2016.02.17 2015노4692
사기
Text

Defendant

All appeals against A and E and the Defendant G of the Prosecutor are dismissed.

The judgment below

(2) Order;

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant A (as to September 5, 2009 and his insurance company on February 10, 2014, the Defendant did not intentionally cause a traffic accident on September 5, 2009 and February 10, 2014).

(2) The prosecutor (as to Defendant G), Defendant G intentionally caused a traffic accident on March 28, 2012 for the purpose of acquiring insurance money.

B. Improper sentencing (1) The sentence against Defendant A, Defendant A, and E is too unreasonable.

(2) The Prosecutor (as to Defendant G), the lower court’s punishment on Defendant G is too unfasible and unreasonable.

2. Determination

A. (1) As to the Defendant’s assertion of mistake of fact, the lower court rejected the above assertion by stating in detail the Defendant A’s assertion and its judgment in the column of evidence among the judgment. In light of the above judgment of the lower court compared with the records, the lower court’s judgment is just and acceptable, and there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, Defendant A’s assertion of mistake is without merit.

(2) As to the Prosecutor’s assertion of mistake of the facts about Defendant G, the lower court stated the Prosecutor’s grounds in detail, and the evidence alone presented by the Prosecutor that Defendant G intentionally caused a traffic accident on March 28, 2012.

It is difficult to see that there is no other evidence to acknowledge this, and the judgment of the court below is just when comparing the reasoning of the judgment below with the records.

Therefore, prosecutor's assertion of mistake is without merit.

B. In full view of (1) the unfair sentencing argument of Defendant A and E, the lower court’s punishment is too unreasonable as it is too unreasonable in light of the following: (a) the overall sentencing conditions shown in the instant records and arguments and the victims’ damages have not been recovered.

(2) The Prosecutor’s allegation of sentencing against Defendant G is unfair.

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