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(영문) 수원지방법원 2020.05.18 2019노7344
출입국관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of legal principles or misconception of facts, although the defendant, as the chief of the Marina Business Office in the case of this case, has performed functional control over the employment of foreigners in illegal stay, etc., he did not guilty of the defendant.

2. The lower court rendered a not-guilty verdict on the Defendant’s instant facts charged while clearly 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 presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err by misapprehending the legal principles or misconception of facts as alleged by the prosecutor in the judgment below which acquitted the Defendant of the facts charged of this case.

Therefore, the prosecutor's assertion of mistake or misapprehension of legal principles is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the term “not later than 18.” refers to “not later than 18.” ex officio to “not later than 4.13”.

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