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(영문) 청주지방법원 2018.02.21 2017노993
고압가스안전관리법위반
Text

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

Reasons

1. The summary of the grounds for appeal – misunderstanding of facts - The evidence submitted by the Prosecutor reveals that the Defendants, after collecting key gas shockers produced by their own companies, removed proxors and sackers, failed to undergo an inspection on the appropriateness of repair even though the Defendants, after removing the prox and sackers, affixed the proxers and sackers with their respective marks, have repaired them.

Nevertheless, the court below sentenced the defendants not guilty, and there is an error of misunderstanding facts and affecting the conclusion of the judgment.

2. To closely examine the records of judgment, the court below found the facts charged to the extent that the evidence alone, which corresponds to the facts charged of this case, is not sufficient to give a reasonable doubt.

Since the court below's decision that it was insufficient to see it is just and acceptable, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.

It does not seem that it does not appear.

Therefore, the prosecutor's above assertion cannot be accepted.

3. In conclusion, since each appeal against the Defendants by the prosecutor is without merit, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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