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(영문) 창원지방법원 2019.05.22 2018노2748

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The victims of the grounds for appeal consistently stated the content of their damage, and the contents of the injury diagnosis report and the photographs of the injured party are also consistent, and therefore, they are credibility in the statements of the victims.

Therefore, it can be recognized that the defendant committed the act as stated in the facts charged and thereby inflicted an injury on the victims.

2. The lower court determined that it was difficult to view that the facts charged were proven to the extent that there is no reasonable doubt by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and examined.

Since the above judgment of the court below is just after comparing it with the records, it cannot be said that there was an error of law by misunderstanding facts as alleged by the public prosecutor, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is not accepted.

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.