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(영문) 서울중앙지방법원 2019.09.26 2019노283

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below that acquitted the defendant of the facts charged in this case on the ground that the consistent statement of the victim and the accomplice A, which is the gist of the grounds for appeal, is reliable, is erroneous in the misapprehension of facts and adversely affected the conclusion

2. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err in matters of mistake of facts, as alleged by the prosecutor, in the judgment of not guilty of the facts charged in this case.

3. The appeal by the conclusion prosecutor is dismissed.