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(영문) 수원지방법원 2021.01.11 2020노2970

업무방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, although the victim's construction work of this case is worth protecting under the Criminal Act, the court below acquitted the defendant, which erred by misunderstanding the facts and misunderstanding the legal principles.

2. The lower court rendered a not-guilty verdict on the Defendant’s instant facts charged while clearly explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the legal principles as alleged by the prosecutor.

Therefore, prosecutor's mistake of facts and misapprehension of legal principles are 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.

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