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(영문) 전주지방법원 2020.04.22 2018노1814
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following facts: (a) the statement made by the victim to the first investigative agency; (b) SNS posts posted by the defendant; (c) details of the victim’s treatment; and (d) the F did not cause the victim to be harmed; (b) the judgment of the court below which convicted the Defendant of the facts charged

2. The lower court, on the grounds indicated in its reasoning, cannot exclude a reasonable doubt that the Defendant did not price the victim, and even if the Defendant prices the victim, it is difficult to recognize that the Defendant’s act constitutes an injury under the Criminal Act as being naturally cured without treating the victim as being minor, and on the grounds that there is no other evidence to acknowledge this differently, acquitted the Defendant of the instant facts charged.

Comprehensively taking account of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.

3. Therefore, 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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