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(영문) 울산지방법원 2017.04.20 2016노1982
횡령
Text

The prosecutor's appeal is dismissed.

Reasons

Comprehensively taking account of the evidence submitted by the Prosecutor to the summary of the grounds for appeal, the Defendant was fully convicted, but the lower court erred by misapprehending the facts and misapprehending the legal doctrine, thereby making a mistake of finding the Defendant not guilty of the facts charged.

Judgment

The court below determined that the facts charged in this case did not constitute a crime or there was no proof of a criminal fact on the ground of the circumstances stated in its reasoning. Examining the reasoning of the judgment below in comparison with the evidence adopted by the court below, it is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles.

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 groundless.

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