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(영문) 수원지방법원 2021.01.18 2020노3262
장애인복지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the defendant, despite the fact that the defendant abused the victim who is a disabled person.

2. The lower court rendered a not-guilty verdict on the Defendant’s instant facts charged while clearly explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.

Therefore, prosecutor's assertion of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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