beta
(영문) 서울남부지방법원 2020.10.26 2020노323

점유이탈물횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal brought the victim's shopping bags to the intent of unlawful acquisition although he could have known that they were lost by others.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant on the ground that it is difficult to deem that the Defendant, even though having known that the Defendant was lost, by the evidence submitted by the prosecutor alone, he/she did not bring about the change of the Defendant’s defense to the effect that he/she was aware of who

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by

Therefore, the prosecutor's above assertion is without merit.

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.