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(영문) 대구지방법원 2020.10.07 2019노4029

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the violation of the victim F, the court below found the defendant not guilty, based on the evidence such as the description of the injury diagnosis document corresponding to the facts charged, the statement of the victim and witness, and the photograph of the injured part, which corresponds to the facts charged, and found the defendant not guilty of this part of the facts charged, there is an error of law by misunderstanding the legal principles as to the probative value of the injury diagnosis document, and by

2. The lower court rendered a judgment dismissing the prosecution against the Defendant regarding the assault against the Victim B among the facts charged in the instant case, and rendered a judgment of innocence as to the injury against the Victim F, and a judgment of conviction as to the obstruction of business operations against the Victim D.

A prosecutor appealed on the grounds of mistake of facts and unreasonable sentencing only for the acquitted portion of the judgment of the court below.

Therefore, since the above dismissal part of the judgment below is separated and confirmed as it is, it shall be excluded from the scope of the judgment of this court.

3. The lower court rendered a not guilty verdict on this part of the facts charged against the Defendant on the grounds that it is difficult to believe that the statements of the victim and witness were made, and the remaining evidences alone are sufficient to recognize the Defendant’s act of injury, and that there is no other evidence to prove otherwise.

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned fact-finding and determination is justifiable. In so doing, it did not err by misapprehending the legal principles as otherwise alleged by the prosecutor, and the Prosecutor’s assertion is without merit.

4. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.