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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.11.11 2016노4839
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of evidence, such as statements of victims and witnesses, photographs of damage, and written diagnosis of injury, the fact that the defendant inflicted an injury on the victim can be recognized.

Nevertheless, the judgment of the court below which acquitted the victim of the facts charged on the grounds that it is difficult to believe the victim's statement, is erroneous.

2. The court below found the victim's statement as evidence consistent with the facts charged, but the victim's statement on the contents, process, etc. of this case is not consistent, and the victim's statement on the victim's complaint as a indecent act by force, and it was difficult to trust again after withdrawal of the complaint after the victim's complaint, etc. The victim went to the hospital immediately after the instant case, but did not receive treatment in relation to the injury of this case, and was hospitalized after the issuance of a medical certificate regarding the injury of this case, but did not long, and the defendant was discharged from the hospital. The defendant consistently stated that the victim's arms were used and stated that there was no violence, but the defendant did not use violence, and that the statements of many witnesses are consistent with this, it is difficult to believe that the victim's statement is insufficient to recognize other evidence, and there is no other evidence to acknowledge this.

Examining the judgment of the court below in light of the evidence, the court below’s decision that found this part of the facts charged not guilty is acceptable, and there is no error of law by misunderstanding facts as pointed out by the prosecutor in the judgment below, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

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

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