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(영문) 수원지방법원 2018.03.29 2017노4576
특수폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The fact that a person who suffered damage to the gist of reasons for appeal has transferred to the defendant;

From the investigative agency to the court of the court below, the witness H also made a consistent statement from the court of the court below to the court of the court below.

was stated.

The court below rejected the above witness's statement and sentenced not guilty of the facts charged in this case, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

2. On the grounds indicated in its reasoning, the lower court is difficult to recognize the credibility of each of the statements at the police of the victim, the prosecution, and the court of the lower court concerning the facts charged of the instant case. In full view of H’s investigation agency and the purport of the statement at the court of the lower court, it is difficult to recognize the fact that the Defendant, as recorded in the facts charged

In light of the facts charged, the lower court acquitted the instant charges.

Comprehensively taking account of the circumstances found by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts as alleged by the prosecutor.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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