(영문) 부산지방법원 2020.04.23 2020노136 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.04.23 2020노136

보험사기방지특별법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have intentionally paid the traffic accident as stated in Paragraph 2 of the judgment of the court below, and the Defendant did not receive the insurance money by claiming insurance money exceeding the extent of damage caused by the accident or damage unrelated to the accident, as if the accident occurred, with the exception of KRW 462,00,000.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence of an unreasonable sentencing (ten months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. 1) We examine the argument of misunderstanding of facts. The defendant asserted the same purport as the reasons for appeal in the court below, and the court below rejected the argument in detail. In comparison with the judgment of the court below, a thorough examination is conducted by comparing the judgment of the court below with the records, the judgment of the court below is justified (the defendant did not receive a large-scale accident that caused the destruction of a Handphone on the date of the accident, and the other party's driver did not receive any injury, and the degree of damage of the other party's vehicle was very insignificant due to the accident.

(2) There is no error of misunderstanding of facts as alleged by the defendant, and therefore there is no ground for misunderstanding of facts.

B. According to the record on the assertion of unfair sentencing, the lower court determined the punishment by taking into account various sentencing grounds, including the following: (a) the inferior nature of the crime in light of the course and method of the crime; (b) the number of crimes committed; (c) the considerable amount of money obtained by deception; (d) most damages have not been recovered; (e) partial mistakes have not been divided; (c) the victim PP Co., Ltd. and AI organizations have agreed to the punishment; and (d) the victims did not want the punishment of the Defendant; and (e)

유사 판례

-울산지방법원 2020.07.24 2020노105

-대구지방법원 김천지원 2020.03.31 2019고단1403

-수원지방법원 2016.11.03 2016노3449

-광주지방법원 2014.04.10 2014노13

-서울중앙지방법원 2015.07.10 2015노1799