(영문) 창원지방법원 2018.10.17 2018노1743 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2018.10.17 2018노1743

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the prosecution against the victim C on the violation of the Labor Standards Act, and rendered a judgment of conviction and not guilty. The prosecutor appealed only to the part of the aforementioned conviction and not guilty among the lower judgment. As such, the dismissed part of the said public prosecution not appealed by the Defendant and the Prosecutor became final and conclusive.

Therefore, the judgment of this court is limited to the guilty part and the acquittal part of the judgment below.

2. Summary of reasons for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor to mislead the facts (as to the part not guilty in the judgment of the court below), the defendant did not have the intention or ability to make a change in the price concerning this part of the facts charged.

may be appointed by a person.

(b) Sentencing (the sentence of the court below: Imprisonment with prison labor for six months and two years of suspended execution).

3. Determination

A. 1) As to the assertion of mistake of facts, the burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt ought to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined as the benefit of the defendant.

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

Examining the evidence duly adopted and examined by the court below and the court below in light of the records, the evidence submitted by the prosecutor alone to the extent that this part of the facts charged is beyond reasonable doubt.

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

This part of the prosecutor's argument is without merit.

B. Illegal assertion of sentencing.

유사 판례

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