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(영문) 서울동부지방법원 2019.10.18 2019노429
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the Defendant of the facts charged in this case, despite the fact that the Defendant reported false facts to the public office as stated in the facts charged and sufficiently confirmed the false facts. The court below erred by misapprehending the facts and affecting the conclusion of the judgment

2. In full view of the circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the instant facts charged were acquitted on the grounds that the Defendant reported false facts to public offices as stated in the facts charged and there is insufficient proof as to false facts.

In light of the records, after closely reviewing the evidence duly adopted and examined by the court below in light of the records, the court below's finding the defendant not guilty of the facts charged of this case on the grounds as stated in its holding is just and acceptable, and there is no additional evidence submitted in the trial, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as pointed out by the prosecutor in the judgment of the court below.

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.

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