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(영문) 대구지방법원 2017.01.18 2016노3971
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) if the photograph of damage to the summary of the grounds for appeal was taken on the day of the instant case, it is consistent with the statement of damage by itself; (b) the photograph of the upper part of the body is deemed to be reliable; (c) it is extremely exceptional to immediately photograph the upper part of the body while setting up against the Defendant with a knife against the Defendant; (d) the site of the instant case and the situation of damage; and (e) the content of the text message sent and received by the Defendant and the victim shows that the Defendant was extremely interested in the case on the day of the instant case, the lower court acquitted the Defendant of the facts charged in this case, even though it is sufficiently recognized that the Defendant had inflicted an injury on the victim with a kitchen

2. Examining the evidence of this case in detail in light of the records, the court below, on the grounds stated in its reasoning, proven the facts charged without reasonable doubt.

It is difficult to see

In light of the facts charged of this case, it is just and acceptable to have judged the defendant not guilty, and there is no error of misconception of facts as alleged by the prosecutor.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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