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(영문) 창원지방법원 2020.12.18 2020노1131
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the Defendant’s experience, the Defendant’s behavior, the Defendant’s statement, and the Defendant’s role in taking account of the evidence submitted by the Prosecutor (the gist of the grounds for appeal), the lower court found the Defendant not guilty of the facts charged of this case, even though it was found that there was an intentional act of aiding and abetting the Defendant to do so at least, is erroneous in misapprehending the legal doctrine or misapprehending the legal doctrine.

2. Based on its stated reasoning, the lower court acquitted the Defendant of the instant facts charged.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below’s judgment that acquitted the public prosecutor of the facts charged of this case shall not be deemed to have erred by mistake of facts or by misapprehending the legal principles, as alleged by the

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.

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