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(영문) 수원지방법원 2018.03.22 2017노6237

폭력행위등처벌에관한법률위반(공동상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal E and F did not specifically describe the situation at the time of assault in the police immediately after the instant case, but they were at their point of time by the Defendant.

In the initial statement, the defendant is clearly identified in the above initial statement, and its credibility is high.

However, since the court below rejected the statements of the above victims and acquitted the facts charged of this case, the court below erred by misapprehending the facts and thereby affecting the conclusion of the judgment.

2. The lower court, based on its stated reasoning, is difficult to recognize the police of the victims to the facts charged in the instant case, each of the statements at the prosecution, the court of the lower court, and the credibility of the witness I’s statement.

In light of the facts charged, the lower court acquitted the instant charges.

Comprehensively taking account of the circumstances found by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts as alleged by the prosecutor.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.