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(영문) 수원지방법원 2015.06.19 2014노7589
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that E’s statement that he/she was assaulted by the Defendant from the summary of the grounds for appeal is consistent in the investigation stage, and that E, one of the parties to the trial in the original trial, was under the circumstance that he/she has no choice but to harm one another’s favorable statement by mutual agreement with the Defendant during the process of the trial in the original trial, and that the witness I of the original trial, because he/she was not at the time and place specified in this part of the facts charged, and thus, he/she could not impeachment E’s statement only, the fact that he/she suffered injury upon the Defendant’s occurrence

2. Examining the evidence duly adopted and examined by the court below in light of the records, the circumstances cited in the evidence and the grounds for appeal presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below’s judgment that acquitted the public prosecutor of the facts charged of this case is just, and there is no error of law by mistake of facts as alleged by the public prosecutor.

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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