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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2018.01.18 2017노1316
축산물위생관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the first instance court’s statement, etc., consistent with the gist of the grounds for appeal by the Defendants, did not have credibility in light of the relationship with the Defendants; (b) there was credibility of P’s statement that corresponds to the facts charged; and (c) there was no explanation among the Defendants as to the Defendants’ keeping of the text message messages; and (d) the Defendant’s keeping of the original meat that led to the overlap with the distribution deadline for the purpose of selling it.

full recognition may be accepted.

However, the court below found the Defendants not guilty on the ground of lack of evidence. Thus, the court below erred by misapprehending the legal principles.

2. In full view of the circumstances as indicated in the reasoning of the record, the lower court, based on the evidence submitted by the Prosecutor, was proven to the extent that there was a reasonable doubt that the Defendants kept the original land for sale, which was kept for the purpose of sale, even if the evidence submitted by the Prosecutor was insufficient to believe or was insufficient.

The charge was acquitted on the ground that it is insufficient to view it.

Examining the reasoning of the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the prosecutor.

subsection (b) of this section.

Therefore, prosecutor's assertion is not accepted.

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 appeal is without merit.

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