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(영문) 인천지방법원 2017.04.28 2016노5100
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) had dolusent negligence of assault against the defendant.

Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that the defendant did not have the intention of assault, is erroneous and has affected the judgment.

2. The lower court: (a) directly examined the victim C and the witness H, who was a witness of the instant case; (b) taken a CD screen image recorded in the situation at the time of the instant case into account; and (c) taken a look at the evidence submitted by the prosecutor, solely with the evidence presented by the prosecutor, to the extent that the Defendant intentionally assaulted

Considering that there is a lack of recognition, the defendant was acquitted.

Examining the evidence duly adopted and examined by the court below in light of the records, the defendant's willful misconduct was proved to the extent that there is no reasonable doubt solely with the evidence submitted by the prosecutor.

shall not be deemed to exist.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged in this case is not erroneous as alleged by the prosecutor.

3. If so, 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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