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(영문) 수원지방법원 2016.08.19 2016노3165
모욕등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the court below which found the defendant not guilty of the fact that the defendant faced with the victim's shoulder and caused the victim to be scarfed and scarfed with scarf, it erred in the misapprehension of facts and affected the conclusion of the judgment.

2. Determination

A. On April 11, 2015, the Defendant: (a) laid down the shoulder of the victim B (the age of 72) from the rear apartment 11, a 120-lane, a 120-lane, into the mouth of the Manyang-si, Annyang-si, Annyang-si, Annyang-gu, Annyang-gu, Annyang-gu, Annsan-si, the Defendant: (b) laid down the shoulder of the victim B (the age of 72) with his/her left hand; and (c) laid down the humf, which requires treatment for about 14 days for the victim.

B. The lower court’s judgment, based on the following: (a) the victim reversed his/her statement on the background of the injury and the part of the injury; (b) the credibility of the statement is lowered; and (c) C’s statement by the police officer in charge was merely merely limited to the victim’s statement as to the victim’s statement; and (d) the evidence alone submitted by the prosecutor submitted by the Defendant inflicted injury

It can not be easily determined, and it was pronounced not guilty on the ground that there is no evidence to acknowledge it.

(c)

In comparison with the evidence records, a thorough examination of the judgment of the court below on the facts charged is conducted by the defendant. Further, the defendant had the record of the treatment of conical signboards on April 2, 2015, which was before the date of the occurrence of the case, the judgment of the court below on the facts charged in this part is just and there is no error of misunderstanding of facts.

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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