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(영문) 서울중앙지방법원 2018.07.06 2018노1108
상해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts) the Defendant, as stated in the facts charged of this case, inflicted bodily injury on the victim when taking several faces of the victim C by drinking together.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim was sexually assaulted by the Defendant at an investigative agency with 10 packs (7 pages of the evidence record) by assaulting the Defendant (7 pages of the evidence record).

The statement (8 pages of evidence), 2) the document submitted to the investigative agency, 2) the defendant's flabbling and flabing the victim's flab face, and stated that the victim with the right right at the time was flabed in the future without beer (39 pages of evidence records). (3) On the other hand, in the court of the court of the court below, the victim did not have the face of the defendant, and the face was left.

In full view of the fact that several statements have been repeatedly made (34 to 37 pages of the trial records), the court below's determination that the facts charged in this case was not guilty on the ground that each statement made by the victim's court or investigative agency is difficult to believe as it is and the remaining evidence alone is insufficient to recognize the facts charged in this case is just. Thus, the prosecutor's assertion is without merit.

3. Accordingly, 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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