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(영문) 수원지방법원 2015.10.08 2015노75

경매방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor in the records of this case, the court below found the defendant not guilty of the facts charged of this case, despite the fact that the defendant reported a false lien in the same manner as stated in the facts charged of this case and could sufficiently prove the fact that the auction process has been harmed.

2. The court below found the defendant not guilty on the grounds of the circumstances stated in its holding, on the grounds that the evidence submitted by the prosecutor in the records of this case alone is insufficient to recognize that the defendant had a criminal intent to obstruct auction. In full examination of the evidence of this case in light of the records, it is reasonable to find the court below not guilty of the facts charged of this case on the basis of the circumstances stated by the court below, and it does not seem that the court below erred

Therefore, the prosecutor's above assertion is not accepted.

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.