logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.01.23 2013노3582
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) although there is no circumstance to suspect the credibility of the statements made by the victim, E, and F, which correspond to the facts charged in the instant case, the court below acquitted the Defendant on the grounds that there is no credibility in each of the above statements on different premise, and thereby, erred by misapprehending

2. Determination on the grounds for appeal

A. As to the judgment of the court below (1) injury and intimidation, the court below acquitted the victim, E, and F, who correspond to this part of the facts charged, on the ground that each statement made by the victim, E, and F, that corresponds to this part of the facts charged, is not consistent in itself or is contrary to the empirical rule in light of the circumstances as stated in its reasoning, and it is difficult to believe that the victim's statement of injury and intimidation also are insufficient

(2) On February 2012, the lower court found the Defendant not guilty of this part of the facts charged on the grounds that the E’s statement consistent with this part of the facts charged is difficult to believe or lack of probative value in light of the circumstances as indicated in its reasoning.

(3) On March 28, 2012, the lower court found the Defendant not guilty of this part of the facts charged on the grounds that the testimony of E and F, consistent with this part of the facts charged, is difficult to believe or lack of probative value in light of the circumstances in its reasoning.

B. In a thorough examination of the evidence of this case in light of the records, the court below's determination of not guilty of all the facts charged of this case based on the acknowledgement of facts and judgment of the court below is just and acceptable, and it is difficult to see that the statements of the victim, E, and F are credibility even if all the circumstances alleged by the prosecutor as the grounds for appeal are considered. Thus, there is no error of mistake of facts as pointed out by the prosecutor of the court below

Therefore, prosecutor's assertion.

arrow