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(영문) 제주지방법원 2013.11.28 2013노364
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal and F’s statement, even though the defendant could be found to have inflicted a loss on the character of the head part of the victim’s hair or spawn in two times, the court below found the defendant not guilty of the facts charged of this case, which erred by mistake of facts or by misapprehending legal principles.

2. In full view of the following circumstances cited by the lower court in light of the circumstances cited by the lower court, namely, what is the statements of the victim and witness F, and the victim stated in the accusation that the victim was bucked, but did not have been written, and the victim submitted a written diagnosis of injury but did not have a photograph of the victim’s body, the evidence submitted by the prosecutor alone is insufficient to find the Defendant guilty of the facts charged, and therefore, the lower court was justifiable to have acquitted the Defendant of the instant facts charged.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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