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(영문) 수원지방법원 2019.10.28 2019노809
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below is erroneous in the misapprehension of legal principles and misconception of facts that the defendant acquitted the defendant, despite the recognition of fraud against the insurance company when considering the gist of the grounds for appeal that the defendant concluded an excessive insurance contract compared to his own income and the appraisal results of the defendant's medical record.

2. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone submitted by the prosecutor cannot be deemed as proved beyond a reasonable doubt. Thus, the court below did not err by misapprehending the legal principles or misconception of facts against the defendant, as alleged by the prosecutor, in the judgment below that acquitted the defendant of the facts charged in this case.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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