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The appeal by the prosecutor is dismissed.
Reasons
According to the evidence submitted by the prosecutor, the defendant was found not guilty on August 24, 2012, while the defendant gambling in the E’s E residential area located in Daejeon Jung-gu from around 16:00 to 18:00 on the same day. However, the judgment of the court below that acquitted the defendant on the ground of erroneous determination of facts.
Judgment
Of the evidence supporting the facts charged in this case, the court below acquitted the defendant on the facts charged in this case on the ground that it is insufficient to prove the facts charged in this case and there is no other evidence to acknowledge it, in view of the fact that the protocol of interrogation of the police officer about G among the evidence supporting the facts charged in this case was denied by G’s testimony at the court below, and it is difficult to acknowledge the actual authenticity according to H’s statement at the court below. The police officer and the protocol of interrogation of the suspect suspect about H are also contrary to objective facts and are also contrary to credibility. The police officer and the protocol of interrogation of the suspect about H are admissible, but there are doubtful circumstances as to whether the defendant’s appearance is accurately memory and statement, and most of the money of other persons participating in gambling were seized, and there is no seizure of the defendant, and the defendant is consistently changing from the investigative agency to the court below to the court below.
The judgment below
Examining the reasoning of innocence closely by comparing it with the record, the above judgment of the court below is just and it is not recognized that the prosecutor erred in mistake of facts as alleged in the grounds of appeal.
The prosecutor's assertion is without merit.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.