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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) Defendant did not intentionally cause an accident as stated in the facts charged, but merely caused an accident that was inevitably or negligently recorded in the facts charged, and there was no intention to commit fraud.
Nevertheless, the lower court convicted the Defendant of the remainder of the charges except for the frauds at least 4 and 5 once a year of sight of the crimes in the attached Table, by misunderstanding the facts.
2) Of the facts charged by the prosecutor, the facts charged at least 4, 5 re-incriminations in the attached list of crimes are proven for all crimes.
Nevertheless, the lower court sentenced the Defendant not guilty of this part of the facts charged by mismisunderstanding the facts.
B. Improper argument of sentencing 1) The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.
2) The sentence imposed by the lower court on the Defendant is too unhued and unreasonable.
2. Determination:
A. 1) In full view of the evidence duly adopted and examined by the court below as to the defendant's assertion of fact, and the following circumstances revealed therefrom, the defendant can sufficiently recognize the fact that he intentionally caused an accident, such as a series of crimes Nos. 1 through 3, 6, and 14, among the charges, and the defendant's specific assertion against it is difficult to accept all as follows. This part of the defendant's assertion is without merit.
(1) If the Defendant intentionally intended to cause an accident, the Defendant denies the criminal intent by defraudation on the ground that he/she actually used a vehicle with very apparent width, etc., even though using a vehicle without a breadth, etc. or a weak width is consistent with the empirical rule.
However, when the defendant intentionally caused an accident, he could arbitrarily operate the light of the vehicle so that he could have the same effect as that of the breadth or the weak one. Therefore, the defendant is starting from the beginning in order to cause an accident.