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(영문) 부산지방법원 2018.12.06 2018노2503

과실치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty of the facts charged of this case in light of the statement by the complainant and the written diagnosis of injury, etc. of the summary of the grounds for appeal, but found the defendant guilty of the facts charged of this case.

2. Determination:

A. The judgment of the court below is not acceptable to accept that the complainant's statement made at the investigative agency is not reliable, and that there is an external wound due to rubber material that is light and light in light of the empirical rule, and even before the case, the complainant constantly complained of the certificate of right generation, and thus, the complainant's salt base caused by the defendant's act.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

B. Examining the above judgment of the court below after comparing it with records, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the facts as alleged by the prosecutor, which affected the conclusion of the judgment.

subsection (b) of this section.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.