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(영문) 부산지방법원 2019.02.01 2017고단5367
보험사기방지특별법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

In light of the aforementioned legal principles, the lower court determined that the Plaintiff 1 was aware of the facts alleged in the ground of appeal, and the lower court did not err by misapprehending the legal principles on the part of the Defendant, as otherwise alleged in the ground of appeal. In so doing, the lower court did not err by misapprehending the legal principles on the grounds that it did not err by misapprehending the legal principles on the part of the lower court, as otherwise alleged in the ground of appeal, contrary to what is alleged in the ground of appeal.

Accordingly, the defendant reported false facts to public offices or public officials for the purpose of having the above D receive criminal punishment.

Summary of Evidence

1. Court statement of the defendant (the seventh court date);

1. The statements made by witnesses D and K in the second trial records;

1. Statement of the police statement of the defendant;

1. Application of the Acts and subordinate statutes governing crime image CCTV and recording files CDs;

1. Relevant legal provisions concerning facts constituting an offense, Article 8 of the Special Act on Insurance Fraud Prevention, Article 156 of the Criminal Act, and the choice of imprisonment, respectively;

1. Articles 157, 153 and 55 (1) 3 of the Criminal Act with respect to confession and mitigation (non-prosecution)

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Violation of the Special Act on the Prevention of Insurance Fraud * the violation of the scope of recommendation types according to the sentencing guidelines (the scope of recommendation types), Type 1 (General Dismissals), the mitigation area (one to one year), the self-denunciation and confession area (special mitigations), the self-denunciation and confession area);

2. Circumstances disadvantageous to the decision of sentence: The defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered in consideration of all of the following circumstances: knee vehicle has intentionally shocked knee vehicle, received the medical expenses, recognized the fact of the crime and reflects the fact that the amount of the insurance money received is relatively small, and the amount of the insurance money is not subject to criminal punishment except for a summary order of KRW 700,000 for the crime of assault.

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