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(영문) 광주지방법원 2015.12.09 2014노2981
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below which rejected the victim's statement that corresponds to the facts charged in this case and acquitted the defendant is erroneous in misunderstanding of facts or misunderstanding of legal principles.

2. The lower court rendered a not guilty verdict on the facts charged of this case on the ground that the victim’s statements in the investigative agency and the court of original instance, which correspond to the facts charged of this case, are not in accordance with the clear memory, but rather in accordance with the rule of experience as they are more confluent or consistent with the rule of experience as they become more confluent or more confluent with the statements, and are contrary to the statement of F and the statement of recording records submitted by the Defendant in the court of original instance, and the remaining

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment, so the prosecutor's above assertion is without merit

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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