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(영문) 청주지방법원 2019.10.10 2019노122
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the statements by the witness N andO of the court below, it is reasonable to view that the possibility of receiving the price of supply to be paid by the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the L of the K of the K of the K of the K of the K of the case in question

B. In a case where an assertion of mistake of unfair sentencing is accepted, the lower court’s imprisonment (six months of imprisonment and two years of suspended sentence) is too uneasible and unfair.

2. Determination

A. 1) Judgment on the assertion of mistake of facts is responsible for proving a false criminal facts charged to the prosecutor, and the recognition of criminal facts must be based on evidence with probative value to the extent that there is no reasonable doubt, and if there is no such proof, the interest of the defendant should be judged as the interests of the defendant even though there is no doubt about the defendant's guilt. 2) The court below acquitted the defendant of this part of the charges on the grounds of the circumstances stated in its reasoning in Articles 3 and 4 of the judgment. Examining the judgment of the court below in light of the above legal principles, a thorough examination is consistent with the records, the judgment of the court below is just

B. As seen in the judgment on the assertion of unfair sentencing, this part of the assertion that the punishment is too unjustifiable and unreasonable cannot be accepted, as long as the Prosecutor’s assertion of mistake of facts is rejected.

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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