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(영문) 부산지방법원 2020.09.11 2019노3132

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal is sufficiently recognized, as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. In light of the circumstances indicated in its reasoning, the lower court acquitted the Defendant of the instant facts charged on the ground that the evidence presented by the prosecutor alone is insufficient to deem that the Defendant abused the victim at the time and place indicated in the instant facts charged, beyond reasonable doubt.

Examining the above judgment of the court below after comparing it with records, the judgment of the court below is justified, and contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

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