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(영문) 수원지방법원 2018.06.05 2017노8856
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal reveals that the Defendant ordered H and G to purchase malute writing, while, through F, was aware that the instant malute was in heavy importance at the time when the Defendant purchased malute writing.

Therefore, the defendant's intention to commit an innocent crime is recognized.

2. The lower court, based on its stated reasoning, cannot eliminate the possibility that the Defendant did not recognize that the Defendant was a sexual marry type of the instant bee-type machine.

On the other hand, the defendant was acquitted.

According to the records, the judgment of the court below is just, and there is no error of misconception of facts as alleged by the prosecutor.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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