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(영문) 대구지방법원 2015.08.28 2014노4225

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the defendant may fully recognize the fact that the defendant inflicted injury on the victims as stated in the facts charged of this case.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. We examine the evidence of this case closely in light of the records. It is just that the court below's determination that the evidence submitted to the court and duly adopted is not sufficient to acknowledge the facts charged of this case, and there is no other evidence to acknowledge this. The judgment of the court below did not contain any error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor. Thus, the prosecutor's above assertion is without merit.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.