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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: Although the defendant, who is a merchandise coupon that could bring the living items, was divided into a merchandise coupon that could bring the living items and was engaged in the visiting sales business without making a report, such as inducing visitors, selling a plaque, etc., the court below found the defendant not guilty, the court below erred by misapprehending the fact and adversely affecting the conclusion of the judgment.
2. Determination
A. The conviction in a criminal trial shall be based on evidence with probative value, which can lead a judge to have a conviction against the facts charged beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant (see Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006, etc.). In addition, in light of the fact that the appellate court has the character as a follow-up trial despite its appearance and the fact that the appellate court has the character as a follow-up trial in light of the spirit of substantial direct trial as prescribed in the Criminal Procedure Act, there is insufficient evidence that the first instance court is insufficient to exclude a reasonable doubt after undergoing the examination of evidence such as a witness.
In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely
Clearly concluding that the facts charged are not guilty (see Supreme Court Decision 2015Do11428, Feb. 18, 2016). (b) In full view of the following circumstances, the lower court, solely with the evidence submitted by the prosecutor, proven that the facts charged in the instant case is beyond reasonable doubt.
It is difficult to see
The decision was determined.
(1)