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(영문) 수원지방법원 2017.09.29 2017노1158
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (misunderstanding of facts), the fact that the Defendant inflicted bodily injury on the victim, in light of the records of medical obligation on July 7, 2015, the diagnosis of self-injury on September 3, 2015, and the consistent statement of the victim, the lower court acquitted the Defendant of the facts charged in this case, and erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

2. The lower court’s judgment, based on a detailed reasoning, is insufficient to recognize the fact that each investigation report submitted by the prosecutor (the submission of a written diagnosis of the suspect D injury, the submission of a copy of the suspect D medical record, the submission of a report on the party’s office medical adviser’s advisory hearing) causes the Defendant to face the left part of D with the wall and scke in the process of taking off DNA’s hair as the facts charged, thereby causing the Defendant to face with the wall and scke for seven weeks on the left part of the left part, which requires a seven-day medical treatment.

In light of the facts charged, the lower court acquitted the instant charges.

Examining the above judgment of the court below in comparison with the evidence duly adopted and investigated, the judgment is just, and there is no error of misconception of facts, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is not accepted.

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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