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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
With regard to the facts charged under paragraph (1) of the facts charged, in light of the following facts: (a) the witness F of the lower court consistently stated the Defendant’s statement as described in the facts charged; (b) the Defendant’s statement to the investigative agency consistent with F’s statement; (c) the content of the Kakao Stockholm text message sent by the Defendant to the victim corresponds to F; (d) the witness G of the lower court also stated to the effect that the Defendant was committing negative remarks against the victim; and (e) the victim consistently stated that the Defendant’s statement
In addition, as stated in paragraph (1) of the facts charged, F’s statement consistent with paragraph (2) of the facts charged is consistent and consistent with the victim’s statement also complies with this, and even if the Defendant did not specify the victim at the time of this part of the facts charged, it can be seen as referring to the victim in full view of the contents of the expression and surrounding circumstances. In light of the above, the facts charged
Nevertheless, the court below rendered a not-guilty verdict on all the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2. The summary of the facts charged in the instant case is the friendship of C who died, and the Defendant is the mother of C who died.
On October 7, 2018, the Defendant: “B, while accompanying the credit card, uses it for the daily expenses of F and G, who are present at the funeral ceremony of ASEAN in Bupyeong-si D; “B, if you are using the credit card and make a settlement and pay for it;” and “B, if we find out any son, it is difficult for us to do so. I would like to see that I would like to be the party before ASEAN, and I would like to do so. I would like to see that I would like to be the party before ASEAN, and that C in Indonesia.”