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(영문) 서울남부지방법원 2020.06.25 2019노975
점유이탈물횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the charge of embezzlement of the omission of possession, despite the recognition of the defendant's intent to obtain unlawful acquisition of the transportation card as to the summary of the grounds for appeal, is erroneous and adversely affecting the conclusion

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant of the possession of stolen property embezzlement on the ground that it is difficult to deem that the Defendant did not have brought his/her transportation card to an illegal acquisition intent only by the evidence submitted by the prosecutor.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor's assertion, the court below did not err by misapprehending the facts and affecting

Therefore, the prosecutor's above 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.

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