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(영문) 서울북부지방법원 2017.12.01 2017노336
게임산업진흥에관한법률위반
Text

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

Reasons

1. Although the statement of the person who reported the summary of the grounds for appeal is reversed, the description of the situation described in the statement appears to have shown the date of actual experience, and the I prepared the statement under the influence of alcohol;

Even if there was no mental capacity, and in light of the circumstances in which I had no reason to dismiss the Defendants, the I’s written statement is recognized as credibility.

In addition to the legal statements by police officers L, including the content that H T-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C

Nevertheless, the court below erred in finding the Defendants not guilty of all the charges by misunderstanding the facts.

2. The facts constituting the elements of the offense charged in a judgment and the burden of proof lies on the prosecutor, whether it is subjective or objective.

The finding of guilt in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof does not sufficiently reach such a degree of conviction, the determination ought to be based on the benefit of the defendant even if there is a doubt of guilt.

In light of such legal principles, comprehensively taking account of all the circumstances properly expressed by the lower court by comparing and analyzing the reporter I’s statements at the police investigation stage and the statements at the court of the lower court’s trial, it is difficult to view the I’s statements at the police investigation stage as evidence of probative value, which leads to the conviction that the facts charged are true to the extent that there is no reasonable doubt, and the witness L’s statements at the lower court also are insufficient to recognize the facts charged.

(2).

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