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(영문) 창원지방법원 2021.01.08 2020노1219
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant of the fact that the defendant inflicted an injury on the victim, which affected the conclusion of the judgment, is erroneous.

2. Based on its stated reasoning, the lower court rendered a not-guilty verdict on the injury of this case, and dismissed the public prosecution of this case on the ground that the injured person expressed his intention not to be punished prior to the institution of public prosecution.

Examining the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone to the extent that there is no reasonable doubt that the defendant injured the victim as stated in the facts charged.

As such, there is no error of misunderstanding of facts as pointed out by the prosecutor in the judgment below.

subsection (b) of this section.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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