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(영문) 인천지방법원 2016.05.13 2015노4185
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (misunderstanding of facts), I’s statement by the chief Justice I, the statement by the police officer G, and the contents of the medical certificate, there is no credibility of the defendant’s statement, and rather, the facts charged of this case are recognized as credibility of E’s statement, and the facts charged of this case are fully recognized, the judgment of the court below which acquitted the defendant of this case on the facts

2. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for the determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged of this case.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case cannot be seen as unlawful as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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