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(영문) 인천지방법원 2017.04.28 2016노5403
식품위생법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal (misunderstanding of facts) that the statement of E is consistent with the investigative agency, there is no motive to dismiss the defendant, and that the other party, etc. who will be informed from the head of the business for the purpose of informing the defendant from the beginning, cannot be denied the credibility of the statement of this case, although the court below acquitted the defendant on the facts charged of this case on the ground that he could sufficiently recognize the defendant's guilt of the facts charged of this case on the ground of the statement of E which the defendant was designated, the court below erred by misapprehending the facts that the statement of E cannot be reliable, and thereby affected the conclusion

2. In light of the evidence duly adopted and examined by the lower court, the lower court found the Defendant not guilty of the instant facts charged while explaining in detail the grounds for the dismissal of the credibility of the E’s statement, including the grounds for rejection of the credibility of the testimony, and, in light of the evidence duly admitted and examined by the lower court, the evidence alone submitted by the prosecutor alone proves that it is beyond reasonable doubt

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged in this case does not seem to be unlawful, as otherwise alleged by the prosecutor.

Therefore, prosecutor's assertion of mistake is without merit.

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

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