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(영문) 대전지방법원 2016.12.01 2016노1670
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant of the facts by deceiving the victim as stated in the facts charged, but there is an error of misconception of facts in the misapprehension of facts.

2. Examining the evidence of this case in detail in light of the records, the court below's decision that acquitted the defendant of the facts charged of this case on the ground that it is difficult to view that there is no reasonable doubt as to the fact that the evidence submitted by the prosecutor alone, based on the reasons stated in its reasoning, is a legitimate measure to find the defendant guilty of the facts charged of this case, and it is not recognized that there was an error of mistake of facts alleged by the prosecutor

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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