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(영문) 춘천지방법원 2018.02.08 2016노1297

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is erroneous in the misapprehension of the facts in the judgment of the court below, despite the fact that the defendant, as stated in the facts charged, had inflicted an injury upon the victim for about two weeks of medical treatment by taking the head of the victim E and pushing the victim’s hair.

2. In full view of the following circumstances acknowledged by the court below's judgment and the evidence duly adopted and investigated by the court below on the grounds of the judgment, the court below's decision of not guilty of the facts charged of this case is just and acceptable, and there is an error of law by mistake of facts as alleged by the prosecutor in the judgment below.

Therefore, the prosecutor's assertion is without merit.

A. The victim testified to the effect that there was an assault by the Defendant in the court of the court below, whether he was assaulted by the Defendant in the court of the court below, his body was left away from the floor, and that the situation at the time is not well memory, while under the influence of alcohol.

In doing so, the defendant stated that punishment for the defendant is desired. In light of the fact that the victim was under the influence of alcohol at the time of the instant case, the testimony in the court below is not judged to be false.

B. The witness F, who had observed the scene at the time, testified to the effect that “the injured party is aware that he/she gets a defendant to satisfe his/her weak price, and has been vadibly vadi,” and this court also testified to the same effect. In light of the content and attitude of the statement, it is deemed that the credibility of the testimony is very high (the F’s statement in an investigative agency cannot be ruled out to have distorted the purport of the statement as a professional evidence).

At the time, the victim took advantage of the knife and threatened the defendant, so it seems difficult for the defendant to actively oppose as stated in the facts charged.

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