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(영문) 서울남부지방법원 2014.06.26 2014노154
상습사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The accident Nos. 4, 14, and 17, among the traffic accidents listed in the crime inundation table in the judgment of the court below, was caused by the fault of the other driver of the vehicle, and even though the defendant did not intentionally cause the accident, the court below found the defendant guilty as to this part

Therefore, among the judgment of the court below, the above parts are erroneous and erroneous.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the indictment with regard to the charge that the part of the list of crimes in the indictment in this case, as shown in the annexed list of crimes, was accused of victims about 17 times habitually, and received insurance money of KRW 109,287,823 in total. Since this court permitted this, the judgment of the court below was no longer maintained since the subject of the judgment was changed by this court.

However, the defendant's above assertion of mistake of facts is still subject to the judgment of this court despite the above reasons of reversal of authority.

3. Judgment on the defendant's assertion of mistake of facts

A. In light of the following facts found by the evidence duly adopted and examined by the court below concerning the sequence 4 and 14 of the annexed list of crimes, the judgment of the court below which found the defendant guilty as to each of the above parts is just, and the above argument of the defendant is without merit.

(1) The fact that the number 4 times is recognized is ① the driver of the other vehicle, who is the driver of the other vehicle, tried to go straight at the accident place, but the driver was able to go straight at the two-lane, which is the right-hand left-hand left-hand.

Y In order to avoid interference with other vehicles, Y left the intersection stop line and sent the signal signal in the front of the other string, while the signal was changed.

However, the vehicle of the defendant, which was followed by the three lanes, is the two lanes, is the vehicle of Y.

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