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(영문) 인천지방법원 2020.01.31 2019노1134
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

According to the summary of the grounds for appeal (the factual error) the evidence submitted by the prosecutor, it is recognized that the defendants jointly inflicted an injury on the victim D.

Judgment

The first instance court's judgment was clearly erroneous in the first instance court's determination when it was intended to re-examine the first instance court's judgment, although there was no objective reason to affect the formation of a documentary evidence in the process of the hearing.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules to maintain the judgment as it is, and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). There is no objective reason that may affect the formation of a new conviction in the trial, and there is no reasonable ground to deem that maintaining the judgment of the lower court is remarkably unfair in comparison with the evidence duly adopted and examined by the lower court and the content of the reasoning of the lower court.

Therefore, the prosecutor's argument of mistake is without merit.

In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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