beta
(영문) 서울중앙지방법원 2013.04.25 2013노382

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (in fact-finding) is consistent with the victim C’s statement that conforms to the facts charged in the instant case, and the fact that the Defendant was found to have knee and knee in the knee in the knee in the earth, and the victim was issued with a written diagnosis of injury, etc., the Defendant’s assault can be recognized. Therefore, the judgment below which acquitted the Defendant,

2. Examining the reasoning of the judgment below regarding the grounds for appeal in light of the records of this case, in light of the circumstances acknowledged by the court below, there is insufficient evidence alone submitted by the prosecutor alone to acknowledge that the defendant has committed an assault against C as stated in the facts charged, and there is no other evidence to acknowledge it. Thus, the fact-finding and judgment of the court below which acquitted the defendant is just and it is not erroneous in the misapprehension of facts against the rules of evidence as pointed out by the prosecutor, and there is no error of law that affected the conclusion

3. According to the conclusion, the prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.