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(영문) 인천지방법원 2019.07.12 2019노374
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted in the gist of the grounds for appeal, although the defendant could intentionally cause a traffic accident in collusion with B and C as stated in the facts charged and receive the agreed amount from the victim G Co., Ltd., the judgment of the court below which acquitted the defendant, there is an error of law

2. The court below's decision is just in finding the defendant not guilty of the facts charged of this case on the grounds that it is difficult to view that the evidence alone submitted by the prosecutor alone that the defendant conspireds with B, C, and fraud crime to the extent that it is sufficiently proven beyond a reasonable doubt, and there is no error of law of mistake of facts as pointed out by the prosecutor.

In addition, there is no other evidence to prove the above facts charged in the trial, so the 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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