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(영문) 서울북부지방법원 2016.09.30 2016노826
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the statements made by the defendant D, E, G and the defendant, the court below found the defendant not guilty of the facts charged in this case, even though the defendant, at least by hand, had a clear existence on the day of the crime that he had caused the victim's arms, and the defendant's act was likely to cause sufficient pain or displeasure to the victim. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. The court of original judgment rendered a not guilty verdict of the facts charged of this case, while explaining the reasons in detail.

The facts charged in this case are proved to the extent that there is no reasonable doubt only with D, E's investigative agencies and legal statements, as stated in the reasoning by the court of original judgment.

There is no new evidence to reverse the judgment of the court of original instance in the court of original instance.

Therefore, the judgment of the court of original judgment is just and acceptable, and the judgment of the court below did not err by mistake of facts as alleged by the prosecutor.

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.

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