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(영문) 서울중앙지방법원 2014.01.16 2013노2985
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal: (a) the result of the examination of a false verbal detection of the victim’s false fact that the victim was not guilty; (b) there is no relation to the fact that the defendant did not neglect the victim; and (c) the only witness of the instant case stated at an investigative agency that “the defendant saw that the victim was faced with dubs of the victim; and (d) the victim’s face by drinking,” and (e) the victim submitted a written diagnosis of injury that the victim suffered bodily injury, such as flabing fladsing flads on the part of the bad flads in need of treatment for about four weeks; and (b) the judgment of the court below which acquitted the victim on a different premise, even

2. Determination on the grounds for appeal

A. The lower court found the facts as indicated in its reasoning, and found the Defendant not guilty of the facts charged of this case on the grounds that there is no other evidence to acknowledge it as having been injured by the victim, E, and F, and the remaining evidence submitted by the prosecutor are insufficient to recognize that the Defendant inflicted injury on the victim as stated in the facts charged.

B. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below and the court below, it is hard to believe that the victim, E's statements at each investigation agency and court of the court below, F's statements at investigation agency and court of the court below, which correspond to the facts charged, and the victim's injury diagnosis report alone is insufficient to recognize that the defendant inflicted injury on the victim as stated in the facts charged, and there is no other evidence to acknowledge it. Thus, the court below's determination of not guilty of the facts charged in this case is just.

Therefore, prosecutor's assertion is not accepted.

(1) The statements of the victim and E are made.

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