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(영문) 의정부지방법원 2014.05.30 2013노2491

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the ground that the defendant abuseds the victim, considering the statement of the victim that the defendant was assaulted by the defendant from the summary of the grounds for appeal.

2. Determination

A. At around 08:50 on June 9, 2012, the Defendant: (a) committed assault on the part of the Victim D (the 30-year-old) on the first floor parking lot of the building C in Gyeyang-gu, Seoyang-gu; (b) on the ground that the Victim D (the 30-year-old) did not pay a proxy fee; (c) on the ground that he did not pay a substitute fee; and (d) made an assault by bombing and pushed down

B. The lower court found the Defendant not guilty on the ground that the evidence conforming to the facts charged in the instant case is the only statement made by the police and the prosecution of the victim, and that the statement was inconsistent with each other or was found to be insufficient due to the discovery of a majority of the parts that were not inconsistent with

C. Examining the reasoning of the judgment above in a thorough comparison with the records of this case, we affirm the above judgment of the court below, and it is judged that there is no error of law by misunderstanding the facts. The evidence submitted by the prosecutor alone cannot be viewed as proving the facts charged of this case with the Defendant’s assaulting the victim without reasonable doubt.

The prosecutor's assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.