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(영문) 전주지방법원 2013.05.03 2012노1228
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendants jointly inflicted injury on the victim E (hereinafter “victim”); and (b) despite sufficient evidence to support this, the lower court acquitted the Defendants on the ground that there is no evidence to prove the facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case was around 01:50 on May 23, 201, the Defendants: (a) committed an injury on the part of the victim, i.e., the part of the part of the victim’s come to the back of the Defendant’s act, i.e., f., the Defendant B, due to beer disease, at one time, on the part of the victim; and (b) two times on the part of the victim, the Defendant A, together with the victim, inflicted an injury on the victim, such as a fluoral dumumumumumum, which requires approximately two weeks of treatment.

B. The judgment of the court below and the review of the court below found the defendant not guilty on the ground that the evidence presented as stated in the facts charged in this case and the E's statement in investigation agency and court of the court below is hard to believe the credibility due to its stated reasoning, the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged in this case, and there is no other evidence to prove the facts charged, and the facts charged in this case constitutes a case where there is no evidence to prove the facts charged. In light of a thorough review of the reasons for innocence compared with the records, the judgment of the court below is just and acceptable, and there is no error of law of mistake

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

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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