logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.11.24 2016노36
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is as follows: (a) the basic construction work of the instant building was conducted from April 5, 2012 to April 6, 2012; (b) there was no visits to the construction site at the time; and (c) the Defendant testified to the effect that E visited the construction site at the time of the construction site; (d) even if the basic construction work was conducted on or before April 5, 2012, it was conducted after the completion of the construction work; and (e) even based on the Defendant’s photograph (Evidence No. 1-3) as of April 4, 2012 submitted by the Defendant, it was not confirmed that the instant photograph was installed at the time of destroying the construction site, not at the basic construction site; and (e) the Defendant appears to have taken pictures at the time of destroying the construction site, but it is reasonable to deem the Defendant not guilty of the facts in light of the empirical rule as above.

2. Examining the evidence of this case in detail in light of the records, the court below is justified in finding that it is difficult to view that the evidence submitted by the prosecutor alone, for the reasons indicated in its reasoning, that the contents of the defendant's testimony are false, and that the court below acquitted the defendant of the facts charged of this case. The court below did not recognize that there was an error of mistake of facts alleged by the prosecutor.

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

arrow