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(영문) 수원지방법원 2016.06.30 2016노1138
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Since the F’s investigation agency and each of the statements in the court of the court below that the Defendant was assaulted by the Defendant from the summary of the grounds for appeal, and the witness B’s statements in the court of the court below to the effect that the Defendant testified F, all of the credibility of the statements in the court of the court below, it can be acknowledged that the Defendant assaulted F as stated in the facts charged

Nevertheless, the judgment of the court below which acquitted the defendant.

2. In light of the records, a thorough examination of the evidence duly adopted and investigated by the court below is justified to determine the defendant not guilty of the facts charged of this case on the basis of the circumstances stated by the court below, and there is an error of law by misconception of facts alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

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

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