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(영문) 대구지방법원 2016.12.22 2016노1519
상해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the court below acquitted the Defendants of the facts charged in this case, but it is sufficiently recognized that Defendant A inflicted an injury on Defendant B and Defendant B assaulted Defendant A. Therefore, the court below erred by misapprehending the legal principles.

2. Determination

A. At around 13:50 on September 8, 2015, Defendant B conspired with the victim A and the construction cost of the F Defendant’s rest store (hereinafter “G”), a construction business entity, in the construction site of the construction site, and assaulted the victim’s left side part, the left part, and the left part at two times due to the elbow. (2) Defendant A used the victim’s act at a time and place as set forth in the above paragraph (1) against the victim A at a time and place as set forth in the above paragraph (1) and 14-day medical treatment against the victim, and caused the victim to go beyond the floor, thereby causing the victim’s injury, such as the upper part of the right shoulder and the upper part necessary for medical treatment. (b) The lower court and the judgment of the first instance court) and the lower court acquitted the Defendants of each of the charges by providing detailed reasons for the charges in this case from the point of time and place of time to the point of time and place of time to the victim B’s act.

In light of the following facts and circumstances acknowledged by the legal principles and evidence duly adopted and examined by the court below and the court below, the court below's finding the Defendants not guilty of each of the facts charged in this case is just and acceptable, and there is no error of law by mistake of facts in the court below as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

(1) The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt that the facts charged are true. As such, the conviction shall be based on such evidence.

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