전기통신사업법위반
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor including the statement of witness B of the court below as well as the statement of the witness B of the court below, it is recognized that the defendant had B open the cell phone of this case under the name of the defendant and sold it.
Nevertheless, the court below acquitted the defendant, and the court below erred by misunderstanding facts, which affected 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 its determination.
Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err in matters of mistake of facts, as alleged by the prosecutor, in the judgment of not guilty of the facts charged in this case.
Therefore, the prosecutor's argument of mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.