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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.04.29 2016노1777
무고
Text

The defendant's appeal is dismissed.

Reasons

1. On June 2014, the summary of the grounds for appeal is as follows: (a) even though the Defendant was rendered a disposition of non-suspecting the same facts as the facts charged in the instant case due to insufficient evidence, the prosecutor prosecuted the same facts as the facts charged; and (b) the lower court found the Defendant guilty in violation of the principle of non-existence of interest; (c) thereby, the lower court erred

2. In light of the judgment, there is no evidence to prove that the same facts as the facts charged in the instant case were rendered insufficient evidence, and even if there was a non-prosecution disposition on the same facts as the facts charged in the instant case, the prosecutor’s non-prosecution disposition was not effective as a non-prosecution disposition, unlike the final judgment of the court, and thus, the prosecutor once rendered a non-prosecution disposition on the suspected case.

Even if he/she considers that it is reasonable to impose criminal sanctions on his/her own at his/her own reasonable discretion without being bound, he/she may institute a new public prosecution and do not constitute a violation of the principle of non-existence of the same (see Supreme Court Decisions 87Do2020, Nov. 10, 1987; 2010Do6287, Aug. 19, 201; 201Do6287, Aug. 19, 201, etc.). Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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