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(영문) 광주지방법원 2015.05.12 2014노1861
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Ground of appeal 1 of the Defendant’s appeal pointing out a mistake of fact only when the Defendant was hospitalized by the need for hospital treatment upon the solicitation of the doctor, and there was no fact of deceiving the victims to acquire insurance money by deception. 2) The lower court’s sentence of unfair sentencing (ten months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

B. The lower court’s reasoning for the appeal by the prosecutor is too unfased and unreasonable.

Judgment

A. The following circumstances acknowledged by the evidence submitted in the court below's decision on the defendant's assertion of mistake of facts: (i) the defendant suffered injuries, such as knee, knee, shoulder, scape, brue, brue, etc., and repeated admission and discharge several times; (ii) the period of hospitalization is too long compared to the injury suffered by the defendant by being hospitalized for more than two weeks in the case of a single hospitalization; and (iii) the defendant cannot be deemed to have been in the state of being unable to cope with pain due to the defendant's injury due to outing outing and going out of the country during the period of hospitalization as above; (iv) the defendant complained of two times on the ground of high blood pressure, which is a disease, and repeated admission and discharge on several occasions; (iii) the progress record was not prepared during the period of hospitalization or only some part of the entire period of hospitalization was prepared during the whole period of hospitalization; and (iv) the defendant did not have to be subject to special treatment or inspection beyond the scope of hospitalization during the short period of hospitalization.

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

B. The deceitation of this case on the assertion of unfair sentencing.

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