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(영문) 창원지방법원 2020.08.14 2020노343
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged in this case, which affected the conclusion of the judgment, on the ground that the court below erred by misapprehending the facts, and thereby adversely affected the conclusion of the judgment.

2. The lower court rendered a not guilty verdict on the instant facts charged on the grounds that the evidence alone presented by the prosecutor, based on its stated reasoning, is insufficient to determine that the instant facts charged were proven to the extent that there is no reasonable doubt as to deceiving the victim, even though the Defendant had no intent

In light of the evidence duly admitted and investigated by the court below, the court below's determination of not guilty of the facts charged in this case is just and acceptable, and it cannot be deemed that there was an error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.

Therefore, 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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