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(영문) 수원지방법원 2020.01.06 2019노1213
사문서위조
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. According to the summary of the grounds for appeal and the statements of the victims and reference witnesses, the court below erred by misapprehending the legal principles as to all of the charges of this case on the grounds that there is insufficient proof of crime.

2. Determination

A. The lower court found Defendant A not guilty of the facts charged against Defendant A while sufficiently explaining the grounds for its determination.

In light of the circumstances decided by the court below, the evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond a reasonable doubt, even in view of the F’s statement by viewing the testimony of the witness F of the trial party, so the court below that acquitted the Defendant A of this part of the facts charged did not err by mistake of facts, as alleged by the prosecutor.

Therefore, the prosecutor's argument about the forgery of private document is groundless.

B. The lower court found Defendant B not guilty of the facts charged against Defendant B while sufficiently explaining the grounds for its determination.

In light of the circumstances determined by the lower court, the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt as to Defendant B’s charge. Therefore, the lower court did not err in matters of mistake of facts, such as the Prosecutor’s assertion, which acquitted the Defendant of this part of the facts charged, on the same purport.

Therefore, the prosecutor's assertion of mistake about the defamation part of Defendant B is groundless.

3. In conclusion, the appeal against the Defendants by the prosecutor is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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