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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2021.01.25 2020노2481
약사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, despite the fact that the defendants acquired drugs for the purpose of sale in collusion with C and sold them, the court below erred by misapprehending the legal principles and misconceptions of facts.

2. The lower court rendered a not-guilty verdict on the Defendants of the instant facts charged while sufficiently explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone submitted by the prosecutor proves that the facts charged in this case against the Defendants are beyond reasonable doubt.

Therefore, the lower judgment that acquitted the Defendants of the instant facts charged did not err by misapprehending the legal doctrine as alleged by the prosecutor, as otherwise alleged by the prosecutor.

Therefore, prosecutor's mistake of facts and misapprehension of legal principles are 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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