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(영문) 서울중앙지방법원 2016.05.12 2015노4824
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the facts, among the facts charged in the instant case, the Defendant found the Defendant guilty of the Defendant’s assault on December 25, 201 that he saw the victim’s breath with breath and scam with the wall, and on October 201, 201, he found the Defendant guilty of the Defendant’s assault on three occasions. However, the lower court acquitted the Defendant of each of the above facts charged.

B. The lower court’s sentence that is unfair in sentencing (4 million won in penalty) is too unhued and unreasonable.

2. Determination

A. (1) On December 25, 2010, the lower court found the Defendant guilty on the grounds that: (a) although the Defendant’s statement in the Defendant’s police was based on evidence corresponding thereto, the Defendant’s statement was merely based on the prosecution; (b) the Defendant’s statement was not consistent; (c) the Defendant’s statement was not consistent; and (d) the Defendant’s statement was insufficient in light of the circumstances leading the Defendant’s late accusation, etc.; and (b) the Defendant’s statement in the lower court and the investigative agency on October 201, 201, there were evidence corresponding thereto, and there was evidence that the Defendant’s statement was inconsistent; (d) the Defendant’s statement was prepared as different from the facts charged; and (e) the Defendant’s statement was not consistent; and (e) the Defendant’s consistent denial was not proven on the grounds that there was no evidence supporting the facts charged.

(2) As a result of a thorough examination by comparing the reasoning of the lower judgment’s judgment with the records of this case, the lower court’s finding of facts and determination are justifiable, and there is no error of law by mistake of facts as alleged by the prosecutor.

B. The motive, means, and result of the instant crime, which is favorable or unfavorable to the Defendant, as stated in the lower court’s judgment, and other factors leading to the instant crime.

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