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(영문) 전주지방법원 2020.10.22 2020노689
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the facts charged of this case in light of the summary of the grounds for appeal (the factual errors and misapprehension of legal principles) and the credibility of the victim, etc.

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 reasonable doubt. Thus, the court below did not err by misapprehending the legal principles or misconception of facts as alleged by the prosecutor in the judgment below which acquitted the Defendant of the facts charged of this case.

Therefore, the prosecutor's above assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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