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(영문) 수원지방법원 2020.08.10 2020노212
유가증권위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the defendant did not have the right to supplement the blank, and even if the defendant could be found to have forged the Promissory Notes in this case, the judgment of the court below which acquitted the defendant of the charge is erroneous.

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 in matters of mistake of facts, as alleged by the prosecutor, in the judgment of not guilty of the facts charged in this case.

Therefore, the prosecutor's argument of mistake is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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