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(영문) 인천지방법원 2017.12.22 2017노3299
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, and erred by misapprehending the legal principles, although the court below found the defendant not guilty of the facts charged in this case.

2. The lower court determined that the Defendant’s deception was proven to the extent that there is no reasonable doubt as to the criminal intent to acquire the Defendant, only with the evidence submitted by the prosecutor, while explaining the basis for the

The lower court acquitted the Defendant of the instant charges on the ground that it cannot be seen.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined, the court below is justified in finding the Defendant not guilty of the facts charged in this case for the reasons indicated in its holding, and there is an error of law by misunderstanding facts or by misunderstanding of legal principles as alleged by the prosecutor.

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion 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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