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(영문) 대구지방법원 2013.08.14 2013노699

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of the legal principle) and the evidence submitted by the prosecutor, the court below rendered a not-guilty verdict on the facts charged in this case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Each police interrogation protocol and written diagnosis of injury against F as evidence consistent with the facts charged in the instant case (F is no longer co-defendant because the summary order was finalized because the defendant's claim for summary order was filed with respect to the instant case, and the summary order was finalized as it is. Thus, even if the defendant denies the contents of each police interrogation protocol against F in the court below, there is no obstacle to recognizing the admissibility of evidence). Meanwhile, F appeared as witness at the court of the lower court, and dacting alcohol at the time of the instant case, it is well known that he did not go to the defendant, and he did not know that he did not go to the defendant, and it was blue and k's blue in the instant case, and it was hard to readily conclude that the upper part of the case was in danger of being in danger of being in danger of being in danger of being in danger of being in danger of being in the process of being in danger of being in danger of being in danger of being in danger of being in danger of being in danger of being in danger of the defendant'sel.

Therefore, the court below's decision of not guilty of the facts charged in this case is just and acceptable, and it erred by misapprehending the legal principles as pointed out by the prosecutor of the court below.