무고등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal can be presented only where G delivers the business registration certificate of this case to the defendant, or where the defendant has forged the above business registration certificate. However, according to the evidence submitted by the prosecutor, such as G’s statement, etc., the defendant can sufficiently recognize the forgery of the business registration certificate of this case.
Nevertheless, the court below acquitted the charged facts of this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for the determination.
Examining the evidence duly adopted and examined by the court below and the trial court in light of the record, the evidence alone presented by the prosecutor cannot be deemed as having been proven to the extent that there is no reasonable doubt. Thus, the court below’s judgment that acquitted the public prosecutor of the facts charged of this case cannot be deemed as having erred by mistake of facts, as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.