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(영문) 광주지방법원 2018.12.05 2018노2043
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. There was an willful negligence in regard to the defendant's assistance in committing phishing fraud, with regard to the summary of the grounds for appeal

Even if recognized, the lower court found the Defendant not guilty of the facts charged of this case has erred by misunderstanding the facts and misapprehending the legal principles.

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 record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case does not err by misapprehending the legal principles as alleged by the prosecutor.

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

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