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(영문) 서울남부지방법원 2020.10.13 2018노1567
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below which rendered the judgment of innocence erred in misunderstanding of facts, although the victim has made a concrete statement of the damage during the investigation process, and the contents of the statement are consistent with the witness's statement, the injury diagnosis statement, and CCTV images.

2. The lower court determined that, in light of the circumstances and facts duly admitted and investigated by the evidence, it is difficult to believe the victim’s police statement, and there is no other evidence to acknowledge the facts charged.

In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it is without merit.

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

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