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춘천지방법원 2015.01.21 2014노331

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts and misapprehension of legal principles, all of the facts charged in this case can be found guilty. However, the court below rendered a not guilty verdict as to the injury of C among the facts charged in this case on the ground that it is difficult to find the fact that C suffered an injury because C had a spatition and was not submitted a medical certificate, and thus, it is difficult to view that C had a reasonable doubt. The court below erred by misapprehending the legal principles on the crime of injury that may be recognized even if there was an spatition, thereby affecting the conclusion

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too uneased and unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the prosecutor's evidence that there is a criminal fact in the criminal procedure shall be presented to the prosecutor, and even if the change of the defendant's lawsuit is unreasonable and false, it shall not be disadvantageous to the defendant, and the proof of the criminal fact shall require the judge to have a high probability to recognize it to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, the suspicion of

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the above legal principles and records, the court below's decision that acquitted the defendant of this part of the facts charged is just and there is no additional evidence to reverse the above judgment of the court below. Thus, the prosecutor's above assertion is without merit, since the court below did not find any additional evidence to reverse the above judgment of the court below.

The prosecutor, "the victim has been suffering from pains, but it is now receiving medical treatment because it is not good to do so.