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(영문) 인천지방법원 2018.06.15 2017노4578
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. A victim F for reasons of appeal was assaulted by the defendant and C while gambling;

The investigation of this case was commenced by making a report, and the witness F, C, E, and the defendant made a statement specifically consistent with the facts charged in this case in the police investigation, but they agreed to be punished for gambling crimes, etc. immediately after the police investigation, and they made a false statement to reverse this in the court of original instance. Thus, the court below's judgment which acquitted the defendant on the grounds of the above witness's statement in the court of original instance is erroneous in the misapprehension of facts.

2. The lower court rendered a not-guilty verdict on the facts charged of this case on the grounds that his police testimony was insufficient in light of the witness’s statement in the lower court’s legal statement. Examining the evidence duly admitted and examined by the lower court in light of the record, the evidence alone submitted by the prosecutor alone proves that the facts charged of this case is beyond reasonable doubt.

Therefore, the judgment of the court below which acquitted the public prosecutor of the facts charged of this case is just, and there is no error of law as alleged by the public prosecutor.

3. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.

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