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(영문) 수원지방법원 2017.10.20 2017노3366

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the lower court acquitted the Defendant of the facts charged, even though the Defendant, by hand, may recognize the fact that the Defendant inflicted an injury upon the victim’s right face.

2. The evidence duly adopted and examined by the court below and, in particular, witness F was a person in the category of “(victim)” among the statements made in the court below.

Examining the judgment below in light of the circumstances such as the lack to prove the facts charged that the defendant was at the time of the victim's face, since the part of "" appears to have been stated in an uncertain state, and immediately thereafter, it was stated that "no memory was made on the face of E", and therefore, it is sufficient to prove that the defendant was at the time of the victim's face, the court below's judgment of not guilty of the facts charged on the grounds as stated in its holding is acceptable

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.