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(영문) 수원지방법원 2017.06.30 2017노450

위증

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (misunderstanding of facts) and the fact that C was present at around March 2012 to May 5, 2012, attached to I and J’s original pocket book, attached a photograph stamped C around March 2012 and around April 2012, and the statement D and E, etc., the Defendant’s criminal facts are sufficiently recognized. Therefore, the judgment of the court below which acquitted the Defendant of the facts charged in the instant case was erroneous and adversely affected the conclusion of the judgment.

2. The lower court, on the grounds indicated in its reasoning, found the facts charged of the instant case is insufficient to recognize that C was present at the instant childcare center from March to May 2012 only with the content of the attendance book, the childcare log book, and the photographs attached to I/J’s original care log, and it is difficult to believe that D and E’s statements are inconsistent with evidence Nos. 1, 2, and K and L, which are objective evidence, and therefore, it is difficult to believe that the instant facts charged of the instant case was guilty without any reasonable doubt.

It is difficult to see

The above judgment of the court below is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.

Therefore, the prosecutor's above 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.