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(영문) 울산지방법원 2015.05.29 2014노1145

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court acquitted the Defendant on the ground that the facts charged in the instant case were found guilty.

2. Determination

A. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. ① Each statement at the investigation agency of C and D related to the defendant and at the court of the court below is inconsistent with the contents of the statement about the part at which the defendant was at the price or price of C, and C did not receive medical treatment because it was at the time of the investigation from the police on the following day of the case. However, C stated that "this case seems to have low interest and low interest, and the contents of the statement are inconsistent," and it was also inconsistent with C's statement to the court of the court below, and it was found that it was not consistent with C's statement from the investigation agency to the court of the court of the court below, and it was not consistent with C's statement to the effect that it was not consistent with C's statement to the effect that it was not consistent with C's statement after considering the fact that C and D's improper boarding of the bus at the time of the case, but it was not consistent with C's statement to the effect that C's statement was issued.

B. The burden of proof of the facts charged in the criminal trial for the decision of the trial court is the prosecutor, and the recognition of guilt is the judge's reasonable doubt.