beta
(영문) 대구지방법원 2015.07.17 2014노4017

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor in the gist of the grounds for appeal, the fact that the defendant has inflicted an injury by assaulting the victim may be sufficiently recognized;

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. The court below's decision is just in finding the facts charged that the medical records such as D's statement, bodily injury diagnosis, and portrait photographs alone are insufficient, and there is no other evidence to acknowledge it. Even if the defendant demanded the defendant to leave the defendant's place of business, it is reasonable that the defendant's act has a reasonable nature that can be permitted by social norms, and the illegality of this case's facts charged constitute a case where there is no proof of crime or no crime, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor of the court below. Thus, the prosecutor's argument 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.