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(영문) 청주지방법원 2017.04.20 2016노1458
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal (not guilty part) can be acknowledged as follows: (a) the Defendant gets the victim’s head debt by cutting it over the floor; (b) bat the bat and fat the bat; and (c) fat the victim’s head, etc. by drinking, and (d) destroyed the victim’

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case as to the injury and damage of property on the safety and safety, is erroneous in the misapprehension of facts, which affected the conclusion of

(In the judgment of the court below, the conviction portion of the judgment below was finalized as it did not appeal by both parties.

2. The lower court found the Defendant not guilty of this part of the facts charged on the grounds that the evidence submitted by the prosecutor on the grounds of detailed circumstances as indicated in its holding alone is insufficient to recognize the fact that the Defendant gets the victim’s head debt, damaged the victim’s head debt in excess of the floor, dupbage, and dupe the breath, etc., and that the victim’s awareness was destroyed and damaged by the bottom during the above process, and that there is no other evidence to acknowledge the

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s judgment that acquitted the Defendant of this part of the facts charged is just and acceptable, and there were no errors in the misapprehension of the facts alleged by the prosecutor.

The prosecutor's assertion is without merit.

(1) A victim is unable to make a clear statement at an investigative agency and at the court of original instance on the grounds of damage to his or her knowledge.

On the other hand, the investigation report (the attachment of the damaged secret photograph) attached to the damaged secret photograph was prepared more than two weeks from the date of the occurrence of the case, and there is no reason to view that the above photograph was taken on the day of the case.

B. It is time to accept the awareness of the product submitted by ASEAN according to the human identification of the victim.

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