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(영문) 서울북부지방법원 2019.05.02 2018노1336
보험사기방지특별법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendants did not anticipate the collision, and the Defendants got involved in the instant accident, and the Defendants got involved in the so-called nasa car that had been on board, caused the shock of the accident, and the Defendants suffered injury due to the instant accident.

In addition, the Defendants were unable to receive immediate treatment due to the instant accident’s delay at the time of the instant accident, and only received an appropriate treatment according to the doctor’s diagnosis after the annual leave is completed.

Nevertheless, the court below judged that the shock caused by the accident of this case did not reach the degree of injury to the Defendants, and sentenced the Defendants guilty. The judgment below erred by misapprehending the facts.

B. The lower court’s sentence on the Defendants is too unreasonable.

2. Determination on the grounds for appeal

A. The lower court determined that the instant accident was not an accident to the extent to which the Defendants sustained an injury on the grounds of the circumstances stated in its reasoning, and that the Defendants acquired the insurance proceeds by deceiving the insurer with respect to the occurrence, cause, or content of the insurance accident.

In light of the circumstances revealed by the court below and the court below, the following circumstances acknowledged by the evidence duly examined by the court below, namely, according to the traffic accident analysis report prepared by the National Science Investigation Agency, which reflects all the black stuff images of the So-Saaa car and black boom images of the said car on board the Defendants at the court below, the speed of the car for the car for the car for the car for the car for the car for the car of the country is estimated to be approximately 11.5 km/h at the time of the accident, and the speed of the car for the car for the car of the country is estimated to be about 5 km/h, and the accident of this case is not likely to sufficiently convey the shock amount of the vehicle, and the speed change of the car for the car of the fachis due to the collision is merely the maximum of 5.7 km/h and the maximum of 0.7 km/hm.

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