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(영문) 서울북부지방법원 2014.10.23 2014노820
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the statements with credibility of victim of mistake of facts D, the statement of injury diagnosis, medical records, etc. that the victim found at the hospital immediately after the occurrence of this case and received after treatment, the court below found that the defendant committed the crime of injury to the victim as stated in the facts charged of this case, but it was sufficiently recognized that the defendant committed the crime of injury to the victim, as stated in the facts charged of this case.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too uneasible and unfair.

2. Determination

A. 1) The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction should be based on the evidence with probative value sufficient to have a judge conclude that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 201Do7261, Nov. 10, 201). 2) In light of the above legal principles, the reasoning of the lower judgment's acquittal and the evidence duly adopted and examined by the lower court, the lower court directly examines victim D and witness E as a witness, and the examination of the remaining evidence submitted by the public prosecutor was completed, and the evidence submitted by the public prosecutor alone presented by the public prosecutor was proved to the extent that there is no reasonable doubt as to the facts charged in the instant case, and it is reasonable to affirm the part of the facts charged in the instant case.

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