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(영문) 청주지방법원 2017.10.13 2017노406
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the fact that the defendant inflicted an injury upon the victim by assaulting the victim can be sufficiently recognized.

Nevertheless, the court below sentenced the defendant not guilty, and there is an error of misunderstanding facts and affecting the conclusion of the judgment.

2. In full view of all the evidence duly adopted and examined by the court below and the court below, the above evidence alone was that the defendant injured the victim.

The court below's decision that there is a lack of recognition is just and acceptable.

The judgment of the court below contains an error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the prosecutor.

It does not seem that it does not appear.

Therefore, the prosecutor's above assertion cannot be 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. It is so decided as per Disposition.

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