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(영문) 울산지방법원 2016.05.27 2016노385

폭행치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below rejected the credibility of the above F and G statements and acquitted the Defendant of the facts charged on the grounds that the remaining evidence alone is insufficient to recognize the facts charged, in light of the credibility of the statements made by the victim F and witness G and the evidence such as H’s statements and diagnosis as to each of the above statements, the court below acquitted the Defendant of the facts charged.

2. We examine the judgment of the court below. The court below, while explaining the reasons in detail from Nos. 10 to 11 of the 2th page No. 2 of the judgment of the court below, it is hard to believe the F and G’s statements that correspond to the facts charged in the instant case, and the evidence submitted by H’s statement, diagnosis, and other prosecutor alone proves that the facts charged in the instant case are beyond a reasonable doubt.

It is difficult to see

The decision was determined.

In light of the evidence duly adopted and investigated by the court below, the court below did not have any evidence additionally submitted in relation to the facts charged of this case at the court below, and closely examined the above judgment by the court below in light of the court below's evidence, it is just and acceptable to find the defendant guilty on the facts charged of this case, and there is an error of law by misunderstanding facts and affecting

It does not appear.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.