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(영문) 대구지방법원 2018.06.07 2016노3863
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the facts charged by the prosecutor as to which the prosecutor applied for changes are identical to the facts charged in this case, but the court below rejected the prosecutor's application for changes in indictment and dismissed the prosecution, which affected the conclusion of the judgment.

2. The facts charged and the facts charged in the instant case, which are entirely separate crimes with different dates, places, and attitudes of crimes, are not identical. As such, the lower court rejected the prosecutor’s application for changes of indictment, and dismissed the prosecution on the ground that the proceedings of the instant indictment are invalid in violation of the provisions of law, did not err by misapprehending the legal doctrine on the prosecutor’s assertion.

Therefore, the prosecutor's above 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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