beta
(영문) 수원지방법원 2018.12.19 2018노5021

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal C is that the defendant gets her body by drinking;

statement, the victim's body was merely transferred to the victim.

In light of the fact that it is difficult to see any difficult bid, etc., and that if the defendant and the victim are in part of the process of assault, the relation between the defendant and the victim should be recognized, it is recognized that the victim suffered injury due to the assault by the defendant.

2. The lower court, on the grounds indicated in its reasoning, determined that each of the statements made by the victim, D, and G is difficult to believe in light of witness’s statements or CCTV images, and the victim was faced with the Defendant during fighting with the police, and was provided hospital treatment.

In light of the fact that the victim stated, it was not guilty of the facts charged of this case on the ground that it is doubtful whether the victim's injury was caused by the Defendant's assault.

Examining the circumstances presented by the court below closely in accordance with the records and legal principles, the judgment of the court below is just and acceptable, and there is no violation of law by mistake of facts as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, 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.