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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the lower court acquitted the Defendant of the charge by misunderstanding the fact that the Defendant, as stated in the facts charged in the instant case, by deceiving the victim and deceiving 30,000 won, is erroneous and adversely affecting the conclusion of the judgment.
2. In the process of the appellate court’s trial, there was no new objective reason that could affect the formation of a documentary evidence, and the first instance court’s judgment was clearly erroneous.
Where there is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, etc., the judgment on the fact-finding of the first instance court shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court, taking into account the following circumstances as stated in its reasoning, including the fact that the consistency and credibility of the victim’s statements in an investigative agency and the court of the lower court fall short of the consistency and credibility of the victim’s statements in the investigative agency
After determining that there is a lack of causation between the defendant's deception and the defendant's act of giving money to the defendant, the defendant was acquitted.
Examining the above judgment of the court below in a thorough comparison with the records, the judgment of the court below was clearly erroneous.
There is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.
Therefore, prosecutor's assertion is not accepted.
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.