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(영문) 부산지방법원 2017.05.19 2016노4577

횡령

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below rejected the victim's consistent statement according to the defendant's false and consistent statement and acquitted the defendant of the facts charged of this case. The court below erred in the misapprehension of facts and affected the conclusion of the judgment. The court below erred in the misapprehension of facts. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. We examine the evidence of this case in detail in light of the records. The court below's decision that the victim's statement, as shown in the facts charged, is just, since it is hard to believe that it corresponds to the facts charged and there is no other evidence to recognize it, and the court below's decision that the defendant is not guilty of the facts charged of this case is just, and there is no error of law as argued by

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.