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(영문) 서울남부지방법원 2019.09.19 2018노1599

근로기준법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence duly admitted and investigated by the court below, the court below acquitted the defendant as to each of the facts charged of this case, although it can be sufficiently recognized that Eul is a worker employed by the defendant, the court below erred in misunderstanding of facts and misunderstanding of legal principles.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have the truth of the facts charged to the extent that there is no reasonable doubt, and if there is no such evidence, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

(2) The court below acquitted each of the charges of this case on the grounds stated in its reasoning, on the ground that there is no evidence to prove a crime. In light of the records of this case, the court below's decision as above is just and the prosecutor's assertion is not accepted on the ground that there is no error of misunderstanding of facts or misunderstanding of legal principles 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 on the ground that it is without merit. It is so decided as per Disposition.