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(영문) 인천지방법원 2019.08.23 2018노3859
상해
Text

The prosecutor's appeal is dismissed.

Reasons

According to the summary of the grounds for appeal (definite) and CCTV images, it is recognized that the defendant inflicted an injury on the victim by pushing the victim's chest as stated in the facts charged of this case.

Judgment

In light of the facts and circumstances presented by the court below, and the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond reasonable doubt, and there is no other evidence to acknowledge this otherwise.

The prosecutor's assertion of mistake is without merit.

According to CCTV images, only the victim's central part is confirmed, and the defendant's chest is not confirmed.

According to the statements made by the victim in the court below in the court below, the defendant, before the victim transferred the vehicle, said that "the defendant would report the vehicle to 112," and said, "the victim would make a deduction of the vehicle," and said, "the victim would make a report to the victim."

또한 CCTV 영상에 의하면 피고인이 핸드폰을 손에 쥔 채 같이 넘어진 모습이 확인된다.

If there are such circumstances, the circumstance of the defendant who said to report to the police has been somewhat bad in the situation that he got the victim's chest by his hand.

The defendant, the victim, and the security guards who continued to observe the dispute, testified to the effect that the defendant is not a citizen in the trial.

There is no special circumstance that F will make a false testimony at the risk of perjury.

In conclusion, the prosecutor's appeal 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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