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(영문) 춘천지방법원 강릉지원 2016.07.14 2016노216
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is recognized by the victim's consistent statement that the defendant has committed the victim's left head.

In addition, one injured person is assaulted by the defendant, not by assaulting the defendant, but by assaulting the defendant, and the escape is between the defendant and the defendant. Thus, the defendant's escape does not constitute a justifiable act by destroying the less part of the victim's knife to the floor.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. The lower court, on the grounds stated in its reasoning, proved that the evidence presented by the prosecutor alone proves that the Defendant took the victim’s left head at the time, beyond a reasonable doubt.

It is insufficient to see that the defendant's act of inflicting bodily injury in excess of the victim constitutes a justifiable act, and thus, the illegality is excluded, and it does not constitute a crime.

Examining the judgment of the court below in comparison with the relevant legal principles and records, the judgment of the court below that acquitted the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.

The prosecutor's assertion is without merit.

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

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