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(영문) 수원지방법원 2017.05.29 2016노8955

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged in this case, but it erred by misunderstanding the facts and misunderstanding the legal principles.

2. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's determination that the facts charged in this case constitute a case where there is no proof of criminal facts as stated in its holding is just and acceptable, and there is an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and it is so decided as per Disposition (Provided, That pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "3.4 million won" of the act No. 16 of the judgment below as "three million won" and "N" of the act No. 19 of the judgment below as "W" shall be corrected ex officio.