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(영문) 서울서부지방법원 2020.06.25 2019노1753
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the victim’s consistent statement, etc., the court below acquitted the Defendant on the ground that the Defendant’s action is an unlawful tangible force against the victim or an unlawful attack against the victim’s body, even though the Defendant could have committed an assault against the victim by means of making the victim with a larlar and shakeing the victim.

The court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. On November 17, 2018, around 02:00, the Defendant used the instant charges to deposit the Defendant’s profits from Internet fraud into the account in the name of the victim E (the age of 19). On the grounds that the Defendant used the profits, the Defendant assaulted the victim by vis-a-vis and skeing the victim.

3. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.

Examining the judgment of the court below closely after comparison with the records, the judgment of the court below that acquitted the victim of the facts charged in this case on the ground that it is difficult to recognize that the defendant had exercised an unlawful tangible power or committed an unlawful attack against the victim's body is just.

There is no error in the judgment of the court below in misconception of facts or misapprehension of legal principles.

The prosecutor's assertion is without merit.

4. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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