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The guilty part of the judgment of the court below against Defendant A and the part against Defendant B shall be reversed.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor (1) misunderstanding the facts, misunderstanding the legal principles, and the use of the instant corporate card provided by the professor S of the G University project team is limited to “J business” of G University.
It is reasonable to see that the defendant was guilty since he received the corporate card and used it for private purposes.
(2) Each sentence of the lower court’s unfair sentencing (2 years of imprisonment with prison labor for Defendant A, and 1 year of imprisonment for Defendant B) is deemed to be too uneasy and unfair.
B. Each sentence of the lower court against the Defendants (unfair sentencing) is too unreasonable.
2. Determination
A. The prosecutor bears the burden of proving the facts of the crime prosecuted in a criminal trial as to the prosecutor’s mistake of the facts and misapprehension of the legal doctrine. The conviction should be based on the evidence with probative value, which makes the judge feel true enough to have no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant’s guilt, it shall be determined in the interests of the defendant (see Supreme Court Decision 2009Do1151, Jul. 22, 2010, etc.). In light of the above legal principles, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the evidence submitted by the prosecutor alone is sufficient to prove that Defendant A was guilty by deceiving the Business Bureau of G University (project leader) and by using the corporate card issued by him/her in a personal manner.
Therefore, the lower court is justifiable to have rendered a not guilty verdict on this part of the facts charged, inasmuch as there is no other evidence to acknowledge it.
Therefore, prosecutor's mistake of facts and misapprehension of legal principles are without merit.
① The head of G University Program S is “A.” in the interrogation of a police officer on September 23, 2014.