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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2013.04.25 2013노701
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the records of the grounds for appeal, although the defendant could be found to have inflicted an injury on C as stated in the facts charged, the court below acquitted the defendant of the facts charged in this case. The court below erred in the misapprehension of facts and misapprehension of legal principles which affected the conclusion of the judgment

2. Examining the reasoning of the judgment below in light of the records of this case, in light of various circumstances acknowledged by the court below, there is no sufficient evidence to acknowledge that the defendant inflicted injury upon C as stated in the facts charged, and there is no other evidence to acknowledge it. Thus, the fact-finding and judgment of the court below that acquitted the defendant for this reason is just and it is not erroneous in the misapprehension of facts and misapprehension of legal principles as pointed out by the prosecutor of the judgment below. Thus, the prosecutor's assertion about this is without merit.

3. If so, 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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