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(영문) 서울남부지방법원 2020.09.17 2019노1733
폭행치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the gist of the grounds for appeal (defluence of fact), the statement by the Defendant and the victim, and the witness testimony, the Defendant and the victim confirmed that the Defendant and the victim carried the printed matter in order to bring the printed matter into drinking water and carried the fluences in order to not cut off the printed matter, and during that process, there was an assault, such as the Defendant’s fluence of the victim by defluening the printed matter, and the victim’s bru

In addition to the written diagnosis of injury submitted by the victim, it is sufficient to see that it was caused by the Defendant’s assault, but the court below acquitted the Defendant.

2. The court below determined that the evidence submitted by the prosecutor alone, based on the evidence presented by the prosecutor, was not proven to the extent that there is no reasonable doubt as to the fact that the defendant prices A's chests under the elbow joints or elbows, and found the defendant not guilty of the facts charged in the instant case.

Examining the judgment of the court below in a thorough comparison with the records of this case, it is just, and there is no error of mistake of facts in the judgment below on the ground that the court below did not affect the above judgment on the ground that there was a vagabonds in the process of making a penalty with an printed material as a reason for appeal because there was no new evidence submitted in the trial.

Therefore, prosecutor's assertion is without merit.

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

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