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(영문) 광주지방법원 2018.11.07 2018노1740

The prosecutor's appeal is dismissed.


1. The decision of the court below which acquitted the defendant on the ground that the defendant conspireds with other participants in the assembly as stated in the facts charged of this case and thereby interferes with the traffic of the land, is erroneous in the misapprehension of legal principles and misconception of facts.

2. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.

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.