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(영문) 대구지방법원 2016.05.27 2015노656
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor on the part of the crime without fault, it is sufficiently recognized that the Defendant, by hand, inflicted an injury on the victim, such as cerebral cerebrovassis, on the part of the victim twice.

However, the lower court erred by misapprehending the fact that the lower court rendered a not guilty verdict on this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) Since the written agreement signed on April 18, 2013, which dismissed the public prosecution, was submitted during the investigation of assault incidents around February 17, 2013, it cannot be deemed that the previous written agreement expressed the intention of non-won to punish the assault assault on March 6, 2012 and July 3, 2012.

Despite such fact, the lower court erred by misapprehending the fact that the lower court dismissed this part of the prosecution by deeming that the victim expressed his/her intention not to have the punishment for each assault committed on March 6, 2012 and July 3, 2012, and thereby dismissing this part of the prosecution.

B. The sentence sentenced by the lower court (one million won in penalty) is too unhued and unfair.

2. Determination

A. According to the adopted evidence, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the date and time of assault or assault not only differ from the facts charged but also the statement of the victim was not reliable, and that the evidence submitted by the prosecutor alone cannot recognize the causal relationship between the Defendant’s assault and the victim’s cerebrovassis.

B) The judgment of this court (1) in a criminal trial ought to be based on evidence of probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, it may be said that there is no evidence.

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