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(영문) 서울북부지방법원 2016.12.16 2016노878
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Where the victim E makes a statement at an investigative agency and the victim makes a written agreement between the defendant and the defendant, the victim reversed the statement at court.

Even if the facts charged are sufficiently acknowledged, as in the facts charged, that the defendant injured the victim by taking the victim from the stairs, the court below erred by misapprehending the facts or violating the rules of evidence, which acquitted the defendant of the facts charged in this case.

2. According to the records of this case, the following circumstances are recognized as stated by the court below.

The victim E, at the court of the court of the court below, tried to examine the neck from the original point of view, and on the day of the case, tried to look back the stairs, was under the influence of alcohol, lost the spirit, and it was difficult for the defendant in the main place. Thus, the investigation agency was aware that the defendant was able to bring in the stairs, but it testified that it was erroneous.

피고인이 피해자를 계단에서 잡아당겨 넘어뜨린 장면을 목격한 사람은 없고, 피해자조차도 넘어진 이후 주변을 보니 피고인이 자신의 뒤에 서있었다고 진술하고 있으며, 피해자가 넘어진 이후 달려온 경찰관 F도 피고인에게 피해자를 잡아당겼는지를 추궁하니 피고인이 아니라고 하면서 펄쩍펄쩍 뛰었다고 진술하고 있다.

In full view of these circumstances, the court below is just in finding the defendant not guilty of the facts charged in this case on the grounds as stated in its reasoning, and it cannot be said that the prosecutor misleads the defendant of facts or violated the rules of evidence as alleged in the grounds for appeal.

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

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