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(영문) 수원지방법원 2015.06.25 2014노6568

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor in the records of this case, the judgment of the court below which acquitted the defendant as to the facts charged of this case, despite the fact that at least the defendant can be recognized as a criminal intent to acquire the proceeds of the livestock products of this case against the victim I, is erroneous in the misapprehension of facts

2. In light of the records, a thorough examination of the evidence of this case and the determination of not guilty of the facts charged of this case on the basis of the circumstances presented by the court below is justified, and there is no error of law of misunderstanding of facts as alleged by the prosecutor in the judgment below.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.