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(영문) 수원지방법원 2021.01.18 2020노3278
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the victim made a written statement at the investigative agency that “the victim was able to open a window in the situation of Defendant A’s scam and scam to the police officers, and scam the sound; (b) the Defendants made a statement that “the Defendants, so long as they could be scam by opening the window and opening the window so as to prevent the Defendants from being scamed, and scam to live,” and (c) the police dispatched to the site stated that “the Defendant was scam the same sound as that in the situation of blocking the Defendants, and the victim requested the help by opening the window and scaming the window.” In light of the fact that the Defendants did not get the victim, the victim would have opened the window and requested the rescue.”

In addition, the statement made by the victim in the court below at the time of this case is inconsistent with the objective situation at the time of this case, and the victim did not want to have any dispute more than before divorce with Defendant B, and gave favorable testimony

may be seen.

Nevertheless, the judgment of the court below that found the defendant not guilty of a violation of the Punishment of Violences, etc. Act (joint assault) and a charge of confinement is erroneous.

2. The lower court found the Defendants not guilty of the charge of violating the Punishment of Violences, etc. Act (joint assault) and the charge of confinement, while sufficiently explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt about this part of the facts charged.

As such, the lower court did not err by misapprehending the facts alleged in the prosecutor’s assertion that found the Defendant not guilty of this part of the facts charged.

Therefore, prosecutor's assertion of mistake is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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