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The prosecutor's appeal is dismissed.
Reasons
1. Since the summary of the grounds for appeal (misunderstanding of facts) is reliable in the consistent statement of D that the defendant did not permit the entry of credit cards, loan applications, cellular phone entry, etc., the facts charged in the instant case are fully convicted.
Nevertheless, the court below judged that D would have consented to the preparation of documents and the use of credit cards by the defendant, and sentenced the defendant not guilty of the facts charged in this case. Thus, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
2. The burden of proof for the criminal facts prosecuted in a criminal trial on the board is to be borne by the public prosecutor, and the conviction should be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see Supreme Court Decision 94Do3309 delivered on April 12, 1996). The lower court directly examined the witness D, examined other evidentiary documents, examined other evidentiary documents, and found the defendant not guilty of the facts charged in this case without reliance on the witness D’s statement, and explained in detail the grounds for its judgment.
Examining the evidence duly adopted and examined by the court below in light of the records, it cannot be deemed that the judgment of the court below on the credibility of a witness’s statement was clearly erroneous or considerably unfair (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). The evidence submitted by the prosecutor alone proves that the facts charged in this case is beyond reasonable doubt.
shall not be deemed to exist.
Therefore, the judgment of the court below is not erroneous as it is alleged by the prosecutor.
3. If so, the Prosecutor’s appeal is groundless, and thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.