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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, L's statement is without credibility, and L's statement is not clear as to whether the defendant has been holding a funeral hall in the P.M., considering the required time between the State and the funeral hall, it cannot be ruled out that the defendant has been employed in the p.m. during the P. time, and even according to the cash receipt and delivery book prepared by the defendant, it is possible to confirm the facts using the city bus, etc. between Jeju and Gwangju on June 29, 2016, and it is recognized that the defendant has credibility in each statement made by I, K, and J on June 29, 201, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and misapprehension of legal principles.
2. In light of the circumstances as indicated in its reasoning based on the evidence evidence, the lower court determined that the Defendant appears to have attended a funeral of the Defendant’s wife-type deceased on June 29, 2016, and that he was a funeral funeral. The Defendant’s testimony made by I, K, and J, which correspond to the facts charged in the instant case, is difficult to recognize its credibility, and F’s police and legal statement were made from I, K, and J that the Defendant said that he was the same as the facts charged, and thus, cannot recognize its probative value. The remaining evidence alone proves that the facts charged in the instant case was proven to the extent that the reasonable doubt can be ruled out.
For reasons that it is difficult to see that the defendant was acquitted.
Considering the circumstances as shown in the reasoning of the lower court by comparing them with the records of the instant case, the lower court’s finding the Defendant not guilty of the instant facts charged on the grounds as stated in its reasoning is justifiable.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.