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(영문) 인천지방법원 2016.11.23 2016노2125
노인복지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not provide a victim with appropriate treatment, such as having the victim receive medical treatment, despite having been aware of the victim’s temporary high blood pressure while constantly changing for several days, and this constitutes “act of neglecting medical treatment” prohibited under Article 39-9 of the Welfare of Older Persons Act.

Therefore, even if the facts charged against the Defendant were found guilty, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.

2. The lower court rendered a not guilty verdict on the Defendant’s charges of this case, while sufficiently explaining the grounds for the judgment.

Examining the evidence duly adopted and examined by the court below in light of the records and legal principles, the evidence alone presented by the prosecutor cannot be deemed to have been proven to the extent that there is no reasonable doubt about the facts charged of this case, so the court below found the defendant not guilty of the facts charged of this case, as alleged by the public prosecutor, did not err in the misapprehension of legal principles

Therefore, prosecutor's assertion is 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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