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(영문) 대전지방법원 2020.01.09 2019노1352
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: In full view of the evidence submitted by the prosecutor of mistake of facts, the court below which acquitted the defendant, despite the fact-finding that the defendant, by deceiving the victim C and obtaining five million won from the victim, was guilty, has erred by mistake of facts.

2. The lower court determined, based on the circumstances stated in its reasoning, that the evidence alone presented by the prosecutor alone was insufficient to recognize the fact that the Defendant deceptioned C as stated in the facts charged, and that there is no other evidence to acknowledge

Examining the reasoning of the judgment of the court below closely with the record, it is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.

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

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