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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, although it can be sufficiently recognized that the defendants committed the crime of violation of the Punishment of Violences, etc. Act (joint withdrawal), the court below found the defendants not guilty of the charges of violation of the Punishment of Violences, etc. (joint withdrawal). The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.
Even if there is no choice but to judge the interests of the defendant.
(1) In light of the aforementioned legal principles, the Defendants’ statements to K and M are not consistent and cannot be deemed to have been reversed on the grounds stated in the facts charged in the instant case. In light of the relevant evidence and the record, the court below’s determination on the grounds stated in its holding that the Defendants, on the sole basis of the remaining evidence, are not required to leave the Defendants from the date and place of the instant facts charged.
was received from Gu
2. Exclusion of Defendants
The measure of not guilty of the facts charged in this case is justifiable on the ground that there is insufficient evidence to prove that the Gu has not complied with it with with it with the clear recognition of the Gu, and there is no other additional evidence to reverse the judgment of the court below. Thus, the prosecutor's above assertion is without merit.
3. If so, the prosecutor's appeal is without merit. Thus, Article 364 (4) of the Criminal Procedure Act is not reasonable.