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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2020.09.10 2020노382
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the victim of each of the facts charged of this case on the basis of the following facts: (a) the victim’s statement was consistent; (b) the defendant and the victim’s conflict appears to have existed; and (c) the details of the 112 report at the time of the occurrence of this case conforms to the victim’s statement of damage, etc.

2. Determination

A. The lower court acquitted the judge of each of the instant charges on the ground that the evidence submitted by the prosecutor alone, based on various circumstances acknowledged by the evidence duly adopted and examined by the lower court, is insufficient to deem that the fact that the Defendant committed an assault against the victim as stated in the facts charged, to the extent that there is no reasonable doubt.

B. In light of the following circumstances, such as the reasoning of the lower judgment, the lower court and the lower court duly adopted and examined the evidence, it is insufficient to view that the Defendants intentionally faced with the victim as stated in the instant facts charged, and there is no other evidence to acknowledge it.

Therefore, the judgment of the court below is just and acceptable, and it cannot be said that there is an error of mistake of facts as pointed out by the prosecutor, and the prosecutor's assertion is without merit.

1) The Defendant consistently stated from an investigative agency to the lower court that “The Defendant was knee against one another only in the face of knee in the face of the victim, and does not have any fact by intentionally kneeing the victim’s shoulder” (Evidence No. 11, 67, 87, etc.). In light of the degree of corridor actually confirmed in the video that the victim submitted in the trial room, the above statement is acceptable. 2) The fact that the victim’s statement was consistent with a considerable portion of the victim’s statement is recognized.

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