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(영문) 서울북부지방법원 2013.05.30 2013노329
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the statements of the victim F, G, accomplice AF, I, etc., it can be acknowledged that the defendant participated in the fraud of the above victims.

B. The lower court’s punishment is too unjustifiable and unfair.

2. Determination

A. The lower court found the Defendant not guilty on this part of the facts charged on the ground that there is a lack of finding that the testimony of the said witness conforms to the Defendant’s defense room after directly examining AB, F, Y, N, AG, etc., and that the testimony of the said witness conforms to the Defendant’s defense room. The testimony of the first investigative agency is inadmissible, and the testimony of the AF investigative agency is not reliable, and the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant acquired money from the victim F and G in collusion with I,

Compared with the reasoning of the lower judgment, the lower court’s judgment is acceptable, and the prosecutor’s above assertion is without merit.

B. In full view of the following: (a) the conditions of sentencing specified in the records and arguments of this case, and the Defendant agreed with the victim Q and deposited the amount of damage for the victim S, the lower court’s punishment is too unjustifiable and unreasonable; and (b) the prosecutor’s above assertion is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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