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(영문) 인천지방법원 2016.11.04 2016노2901
학원의설립ㆍ운영및과외교습에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) was registered as if the Defendant had been employed by F and E without being employed as an instructor. In itself, it constitutes a case where the Defendant was registered as an instructor by falsity, and the lower court acquitted the Defendant of the facts charged in this case solely on the ground that the Defendant had an intention to employ F and E as an instructor is an excessively expanded interpretation of the law.

The Defendant registered as an instructor even though it is obvious that F will not work as an instructor, and did not change or withdraw the registration of an instructor even after receiving communication from E that F will not work as an instructor, and obtained the benefit of establishing a private teaching institute by making a false registration of F and E, etc., the facts charged in the instant case is fully found guilty.

Nevertheless, the lower court determined otherwise by misapprehending the legal doctrine and erroneous determination.

2. The lower court found the Defendant not guilty of the instant facts charged while sufficiently explaining the grounds for the determination.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below’s judgment that acquitted the public prosecutor of the facts charged of this case on the same purport does not seem to have erred by mistake of facts or by misapprehending the legal principles as

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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