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(영문) 창원지방법원 2020.12.11 2020노944
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the defendant could sufficiently recognize the possibility of the singishing crime and could have known that his act was easy to commit the crime. Thus, the court below acquitted the defendant of the facts charged in this case, which erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The lower court found the Defendant not guilty of the instant facts charged on the grounds that, on the grounds indicated in its reasoning, the evidence alone presented by the prosecutor alone, it cannot be deemed that the Defendant did not have proved to the extent that there is no reasonable doubt that the circumstance, even if the Defendant had been aware that the Defendant’s act was easy to commit the said crime, and that the Defendant’s act was aware of it.

In light of the evidence duly admitted and investigated by the lower court, the lower court’s determination of not guilty of the facts charged in this case is just and acceptable, and it cannot be deemed that the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, as otherwise alleged by the prosecutor, thereby adversely affecting the conclusion of the judgment.

Therefore, 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. It is so decided as per Disposition.

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