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(영문) 수원지방법원 2018.09.10 2018노2846

게임산업진흥에관한법률위반

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The prosecutor's appeal is dismissed.

Reasons

1. The G’s statement prepared to the effect that the Defendants had exchanged in the game room operated by the Defendants is admissible as evidence, since its credibility and voluntariness are sufficiently recognized in light of the contents thereof, etc.

In addition, the judgment of the court below which acquitted the Defendants of the fact that money exchange operations were conducted in the game room operated by the Defendants when other circumstances exist, but the court below erred in the misapprehension of facts.

2. Examining the evidence duly adopted and investigated by the court below in light of the records, the court below's decision denying the admissibility of evidence of the statements prepared by the above G on the grounds as stated in its reasoning, and it is sufficiently acceptable that the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged of this case, and that the court below acquitted the Defendants on the ground that there is an error of law by misunderstanding the facts as pointed out by the prosecutor

subsection (b) of this section.

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. It is so decided as per Disposition.