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(영문) 창원지방법원 2016.10.27 2016노1455
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Regarding the summary of the grounds of appeal as to defamation, H, an employee of the cafeteria operated by the victim, was aware of the Defendant at the time of the instant case, and thus, it is also recognized that the Defendant inflicted bodily injury on the victim. Accordingly, the judgment of the court below that acquitted the Defendant, is erroneous in the misapprehension of legal principles and erroneous determination

2. We examine the judgment of the court below, and the prosecutor rejected the prosecutor's assertion in light of the circumstances stated in the judgment below.

Examining the judgment of the court below closely with the records, the judgment of the court below is just and acceptable, and the prosecutor's assertion is without merit.

(Additional Part: In relation to defamation, considering the close relationship between H and the victim, such as the victim’s wife F, and the victim referred to as “h”, the victim does not seem to have a possibility of spreading it to an unspecified or unspecified person even if H was the victim’s horse at the time of the instant case. In addition, in relation to the fact of injury, the victim’s son E at the scene at the time of the instant accident stated to the effect that “the defendant got off the victim’s chest, she turned down the victim’s chest.” However, in the court of the lower court, the court stated to the effect that “the defendant got off the victim’s chest, she turned down the victim’s chest, and she again changed the statement to the effect that “the victim was not accurately seen as how much the victim exceeded the victim?” Then, the prosecutor’s appeal is without merit, and thus, it is dismissed as per Disposition under Article 364(4) of the Criminal Procedure Act.

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