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(영문) 전주지방법원 2019.05.23 2019노377
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the victim’s statement, diagnosis and the content of the 112 Report Processing List, etc., the judgment of the court below which acquitted the Defendant, even if all the facts charged of this case are recognized, is erroneous in the misapprehension of facts.

2. The lower court determined that the instant facts charged (the specific form and frequency of the Defendant’s act of assault, the degree of specific damage, such as the victim’s injury injury, and the definite causal relationship between the two) was insufficient to recognize that the victim’s statement, diagnosis, and the content of the 112 reported case processing table was proven without reasonable doubt.

Examining the above judgment of the court below closely by comparing it with the records, the court below's judgment is just and acceptable, and there is no error of mistake of facts as pointed out by the prosecutor.

(In addition, there are no circumstances newly examined in the trial, and even if ex officio there are some doubtful circumstances, there are no clear and objective grounds to view different facts. Accordingly, the Prosecutor’s assertion is rejected.

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

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