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(영문) 의정부지방법원 2014.10.17 2014노875
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which rejected the credibility of the victim's statement in the summary of the grounds for appeal and acquitted the defendant is unjust as it misleads the facts.

2. Based on its stated reasoning, the lower court rendered a judgment that acquitted the Defendant on the ground that it is difficult for the victim’s statement in the investigative agency and the court below’s trial room to have credibility, it is insufficient to recognize the facts charged of the instant case only with other evidence, and there

In light of the evidence duly adopted and examined by the court below and the facts acknowledged by the submitted materials, the above judgment of the court below is acceptable.

Therefore, there is no error in the judgment below that acquitted the defendant, and the prosecutor's assertion is without merit.

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

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