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(영문) 수원지방법원 2020.06.17 2019노6626
협동조합기본법위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the application for reduction of the number of vehicles was resolved at the general meeting, the court below erred in misconception of facts or misapprehension of legal principles that acquitted the defendant.

2. The lower court found the Defendant not guilty of the instant facts charged while 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 without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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