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(영문) 서울고등법원 2020.05.08 2019노2617

The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles) is that each of the statements in investigation agencies, including E, F, I, and I, which correspond to the facts charged in the instant case, are reliable. However, the court below rejected their credibility and acquitted the facts charged in the instant case, which erred by misapprehending the legal principles, or by misapprehending the legal principles, thereby adversely

2. The lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to view that the evidence alone presented by the prosecutor alone was proven without reasonable doubt that the Defendant imported phiphones as stated in the instant facts charged, in light of the circumstances indicated in its reasoning, which could have been revealed by the records of the instant case.

However, according to the evidence Nos. 7 and 8, F is aware of the fact that he/she was examined on two occasions on September 3, 2015, the following day following the arrest. Thus, the court below's ruling Nos. 6, 14, and 15 " September 3, 2015" and the following seals.

9.4. Two times, “In the end of September 5, 2015, and the next September 6, 2015,” respectively, appears to be written “in the second time on September 3, 2015,” respectively.

In light of the above legal principles and records, the court below's determination is just and acceptable, and contrary to the prosecutor's assertion, it did not err by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

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