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(영문) 부산지방법원 2018.07.13 2018노366

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below rejected the statement of a reliable victim and rendered a not-guilty verdict on the charge of this case, even though the defendant could sufficiently recognize the fact that he inflicted an injury on the victim by assaulting the victim as stated in the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Examining the evidence of this case in detail in light of the records, the court below proved that the victim's statement is lacking credibility and the remainder of the evidence submitted by the prosecutor alone is sufficient to the extent that there is no reasonable doubt that the defendant committed an assault and injury as stated in the facts charged with the intention of assault.

In light of the above legal principles, the court below's determination of not guilty of the facts charged of this case is just and acceptable, and the evidence of the prosecutor's submission of additional investigation in the court below is insufficient to reverse the above determination. Thus, there is an error of law by misunderstanding of facts, as alleged by the prosecutor, in the judgment below.

subsection (b) of this section.

Therefore, prosecutor's 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.