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(영문) 서울중앙지방법원 2020.05.22 2019노2712
미성년자유인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the facts charged in this case can be recognized, and even if the defendant's act is typical of inducing the defendant, it can be recognized that the defendant had the intention of inducing the defendant, the judgment of the court below which acquitted the defendant, by misunderstanding of facts or misunderstanding of legal principles.

2. The court below found the defendant not guilty on the ground that it is not enough to clearly state the judgment on the facts charged in this case under Paragraph 3 of the judgment and to find that the evidence submitted by the prosecutor alone had the criminal intent to move the victims under his or a third party's physical and real control. In light of the records, the court below's aforementioned judgment is just and acceptable, and it does not seem that the court below erred in misunderstanding of facts or misunderstanding of legal principles as pointed out by the prosecutor.

Therefore, prosecutor's assertion 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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