공전자기록등불실기재등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that B made statements that correspond to the facts charged in the instant case in the investigative agency and court; B began living with the Defendant due to human trafficking; and the Defendant sexual insulted B when drinking only in China; and the Defendant repeated the same behavior again after the report of marriage in the instant case, and eventually led to two and more separate actions, etc., it is difficult to deem that B had the intent to marry with the Defendant. Therefore, the judgment of the court below which acquitted the Defendant of the facts charged in the instant case, even if it is sufficiently found that the Defendant was guilty, is erroneous in the misapprehension of facts.
2. On the grounds indicated in its reasoning, the lower court rendered a not guilty verdict on the instant facts charged on the ground that the other evidence submitted by the prosecutor alone is insufficient to acknowledge the instant facts charged, and there is no other evidence to acknowledge
In light of the circumstances described in the court below's reasoning and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., B reported marriage in the court of the court below to the effect that "I have a child and the defendant and his couple live together with the defendant, but the defendant did not live together with the defendant," the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as argued by the prosecutor.
Therefore, the prosecutor's above assertion cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.