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(영문) 서울남부지방법원 2018.01.25 2016노2215
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The statement of the victim in the summary of the grounds of appeal is consistent to the effect that the defendant left the victim's hand by drinking the hand who suffered the mother and the cell phone, the fact that the cell phone was not sealed is due to the fact that the defendant's mother's cell phone function was lost by the pure camera function that the defendant used the victim's cell phone, and the defendant's act of assaulting the mother and child was suspended immediately after the defendant took action to leave the victim's cell phone, and the victim reported the act of obstructing the defendant's business, and the police officer dispatched the defendant did not speak of the facts of the assault of this case as stated in the facts charged. In light of the above, it was sufficiently proven that the defendant committed the assault of the victim as stated in the facts charged.

must be viewed.

Therefore, the judgment of the court below which acquitted the defendant.

2. The court below held that the victim E’s legal statement and the statement in investigation agency are hard to believe and the evidence submitted by the prosecutor alone that the defendant assaults the victim as stated in the facts charged.

The lower court acquitted the instant charges on the ground of insufficient recognition.

The above judgment of the court below is just and acceptable in full view of the evidence additionally submitted in the court below's judgment based on the evidence duly admitted and investigated by the court below, and there is an error of law by misunderstanding the facts alleged by the prosecutor.

subsection (b) of this section.

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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