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(영문) 춘천지방법원 2016.01.13 2014노1074
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor, the court below found the Defendants not guilty of the facts charged in this case even though it is difficult to deem the Defendants’ act constituted a justifiable act. In so doing, the court below erred by misapprehending the facts or by misapprehending the legal principles as to the establishment of a justifiable act and factual basis thereof, which affected the conclusion of the judgment.

2. Evidence that there is a criminal fact in the judgment criminal procedure shall be presented by the public prosecutor, and the same shall apply to the case where the change of the defendant is unreasonable and it is false;

Even if there is no evidence to establish such a degree of conviction, the court below's decision on the charge of this case is just on the premise that the defendant's act constitutes a justifiable act on the premise that there is no lien on the part of the court below's decision that the defendant's act constitutes a justifiable act on the ground that the defendant's act constitutes a justifiable act, and there is no sufficient evidence to deem that the defendant's act constitutes a high probability beyond a reasonable doubt, and that there was a high probability beyond a conviction. If there is no evidence to establish such a degree of conviction, the court below's decision on the charge of this case is without merit. The prosecutor's above assertion is without merit, since there is no sufficient evidence to deem that the defendant's act constitutes a justifiable act on the ground that there is no lien on the part of the court below's decision.

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

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