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(영문) 대전지방법원 2016.11.03 2016노1158
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the victim and E’s statement in the original court and the investigative agency do not match the detailed matters. Thus, the judgment of the court below which acquitted the defendant, despite the fact that the defendant abused the victim, is erroneous in the misunderstanding of facts.

2. The court below found the defendant not guilty on the grounds as stated in its holding, and examined the various circumstances recognized by the court below closely by comparing them with records, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.

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

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