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(영문) 인천지방법원 2014.07.18 2014노1348
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal brought an injury to the Defendant, which was described in the facts charged, by gathering the victim’s blick belt.

2. Determination

A. The lower court determined that the victim’s statement is insufficient to believe that it is difficult to recognize the facts charged or, in light of the following: (a) the victim’s statement is merely a statement made at the court of the lower court and the investigative agency in direct support of the facts charged; (b) the victim’s statement is insufficient to acknowledge the facts charged, and there is no other evidence to acknowledge it as to the facts charged in the instant case, based on the following: (a) the victim’s statement is insufficient to believe that it is difficult to acknowledge the facts charged, and (b) it is determined that there is no other evidence to acknowledge it as to the facts charged in the instant case.

B. In addition to the reasons for innocence of the lower court’s judgment, the following circumstances acknowledged by evidence duly admitted and investigated by the lower court and the trial court, namely, (i) G and H, which witnessed the scene of the instant case, and all of the investigative agencies and the lower court stated to the effect that the Defendant did not assault the Defendant due to the victim’s knifeing of the parts of the belt; (ii) each of the statements made by G and H is specific and consistent with the contents of the statement; and (iii) there is no evidence to acknowledge that the Defendant made a statement by distorted the facts in part of the statement, and there is no evidence to prove that the Defendant made a statement by distorted the fact, taking into account the fact that the credibility of the statement appears to be high, the lower court’s judgment is justifiable, and thus, the Prosecutor’s assertion of mistake of facts is not acceptable.

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

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