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(영문) 서울남부지방법원 2020.10.29 2019노2568
부당이득
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the Defendant of the facts charged, in light of the following legal principles, is erroneous in the misapprehension of legal principles, and thereby adversely affected the conclusion of the judgment, even though the Defendant demanded the victim to raise the purchase price by taking advantage of the imminent situation of the victim.

2. The lower court, based on the circumstances indicated in its reasoning, found the victim’s urgent difficulty solely based on the evidence submitted by the prosecutor.

The defendant found the defendant not guilty on the ground that it is difficult to deem that the defendant acquired a substantial unfair profit by using it.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by

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

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

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