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(영문) 서울남부지방법원 2013.10.11 2013노945

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, all the charges against the defendant can be found guilty.

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 all the charges against the defendant on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged against the defendant is proper, and there is no error of law of misunderstanding of facts as pointed out in the grounds for appeal. 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.