성매매알선등행위의처벌에관한법률위반(성매매알선등)
The prosecutor's appeal is dismissed.
1. According to the evidence duly admitted and examined by the court below, the court below found the defendant guilty of the facts charged in this case, but there is an error of law by mistake of facts.
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) In light of the records of this case, the court below rejected the prosecutor's assertion on the following grounds: (a) the court below found the facts charged of this case not guilty on August 21, 2001; and (b) the court below found the facts charged of this case not guilty on the grounds stated in its reasoning; and (c) considering the reasoning of the court below in light of the records of this case, the court below's above determination is just; and even if the prosecutor additionally submitted evidence in the trial, it is insufficient to view the facts charged
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.