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(영문) 수원지방법원 2015.09.04 2015노2852

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant of this part of the facts charged, in light of the victim's statement and the witness's diagnosis report, etc., as to the part of the charge of bodily injury (the charge of bodily injury) in relation to the summary of the grounds of appeal, although it can sufficiently be recognized that the victim suffered bodily injury

2. In the reasoning of the judgment of not guilty, the lower court acquitted the victim of the facts charged of the instant injury on the ground that it is insufficient to recognize the facts charged only with the statements of the victim, witness investigation agency, and witness in the court, and there is no other evidence to acknowledge it.

In light of the evidence records, a thorough examination of the judgment of the court below is conducted, and in addition, the above judgment of the court below is justified, and there is no error of law of misunderstanding of facts as claimed by the prosecutor, in full view of the fact that the victim stated that he shall file a complaint against violence at the time of the police's statement immediately after the case, or that the victim stated "it shall not be treated as a victim of violence" (the evidence record 9 pages).

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.