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(영문) 서울남부지방법원 2013.05.31 2013노485

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the fact that the defendant deceivings the staff of the victim as stated in the facts charged, thereby deceiving the victim of the instant motor vehicle.

Nevertheless, the court below acquitted the defendant of the facts charged, and the judgment of the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

In light of the records and records, the court below's determination of not guilty of the charges against the defendant on the grounds as stated in its holding is proper, and there is no error of mistake of facts as pointed out in the grounds for appeal. Thus, the prosecutor's assertion is without merit. Thus, the prosecutor's assertion is without merit.

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.