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(영문) 창원지방법원 2014.01.10 2013노1711
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty of this part of the facts charged despite the fact that the defendant inflicted an injury on the victim because the defendant's testimony of the victim and witness was credibility. The court below erred by misapprehending the facts or by violating the rules of evidence which affected the conclusion of the judgment.

2. Determination

A. The lower court determined that the evidence, including the statement of F, G, and H, submitted by the prosecutor, is insufficient to recognize that the Defendant committed an assault against G as stated in the facts charged, and that there is no other evidence to acknowledge it otherwise, in light of the following circumstances.

At the time, I witness the case from the beginning to the police and reported it to the police as a witness in the court of original trial. At the time, the defendant was unilaterally assaulted by F, G, and H, and there was no fact that the defendant was sleeping or breaking the G in the body of women without dancing, ② there was no person who was assaulted by the defendant, ③ there was no person who was sleeped by the defendant, and ③ the defendant was unilaterally being reported to the police.

At the time when called up to the scene of the case, J, a patrol staff, was a witness in the court of original instance, and 4 at the time of witnessing the scene of the case, stated to the effect that F and 2 female players, a working group, were assaulted by the Defendant. ⑤ Although the Defendant’s multi-child appearance was photographing, G did not have any part because it was impossible to find out any external damage, and vi) his behavior, including G did not appeal damages, and 7) did not separately prepare a written statement because G was not the victim.

(b) at the court of first instance L for the determination of the trial.

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