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(영문) 서울북부지방법원 2019.07.18 2019노354
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the statements of the victim and witness, the certificate of injury, CCTV images, etc., the court below found the defendant not guilty. The court below erred in the misapprehension of facts.

2. The lower court determined on the grounds of the grounds of appeal that it is difficult to see that the Defendant was in favor of the victim’s bridge, and even if the Defendant was in favor of the victim’s bridge, it constitutes a passive defense against the victim’s continued assault.

Even after examining the reasoning of the judgment of the court below in light of the records of this case, the evidence alone submitted by the prosecutor alone is insufficient to deem that the injury suffered by the victim was caused by the defendant, and there is no other evidence

Therefore, we affirm the judgment of the court below that acquitted the defendant, and the prosecutor's assertion is without merit.

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

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