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(영문) 서울고등법원 2014.06.13 2014노1083
폭행치사
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The F’s statement of investigative agency is more reliable than the legal statement, and G’s statement also has credibility in light of the H’s statement that there is violence tendency after drinking, etc., and the evidence, such as N’s statement, autopsy appraisal report, 119 emergency log, etc., also supports the credibility of these statements, but the lower court rejected the credibility of each of F and G’s statements and acquitted the Defendant of the facts charged of this case by misunderstanding the fact that it affected the conclusion of the judgment.

Judgment

Examining the evidence duly adopted and examined by the court below in comparison with the records, the court below is just in holding the defendant not guilty of the facts charged in this case on the grounds as stated in its reasoning, and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts assigned by the prosecutor

Therefore, the prosecutor's above assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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