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(영문) 서울남부지방법원 2019.07.18 2018노1043
자격모용사문서작성등
Text

All prosecutor's appeal against the Defendants is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) was duly adopted and investigated by the court below, and the court below found the defendant guilty of each of the facts charged in this case, but the court below erred by mistake of facts and misapprehension

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have the truth of the facts charged to the extent that there is no reasonable doubt, and if there is no such evidence, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

(2) The court below acquitted each of the charges of this case on the grounds stated in its reasoning, on the ground that there is no evidence to prove a crime. In light of the records of this case, the court below's decision as above is just and the prosecutor's assertion is not accepted on the ground that there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

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

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