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(영문) 광주지방법원 2014.01.29 2013노2398

존속상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below which acquitted the defendant on the ground that there is no proof of criminal facts, and thereby affected the conclusion of the judgment by misunderstanding the facts, even though the facts charged that the defendant injured the victim by breaking up his body and breaking up his body are sufficiently recognized.

2. Determination

A. The judgment of the court below is 1) evidence that corresponds to the fact that the defendant was divided into E’s body by hand, the entry of F in the prosecutor’s statement, the entry of the investigation report ( listening to shot G phone call and the submission of CDs), and the diagnosis document on E. First, the F in the prosecutor’s statement concerning the probative value of the prosecutor’s protocol, and the witness F in the appearance of E going beyond the defendant at the time of investigation by the prosecutor’s office, and although the defendant did not look at E, he was out of both arms of E, and even if he testified in the court, it was hard to view that the defendant’s testimony and testimony were carried out by the prosecutor’s office without being surrounded by the defendant and the surrounding persons, and most of the defendant’s testimony and statements were made in the prosecutor’s office without being able to be recorded in G, and it is difficult to hear the contents of the protocol and statements made in the prosecutor’s office.