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(영문) 서울남부지방법원 2017.08.17 2016노1643
상해
Text

Defendant

B All appeals by prosecutors are dismissed.

Reasons

1. Defendant B’s judgment on Defendant B’s appeal did not submit a written reason for appeal within the period for submission of a legitimate reason for appeal, and the petition of appeal does not state the reason for appeal, and the judgment of the court below cannot be found even if examining the judgment below.

Therefore, as long as Defendant B’s appeal should be dismissed by decision pursuant to the main sentence of Article 361-4(1) of the Criminal Procedure Act, or a public prosecutor’s appeal is ruled, Defendant B’s appeal is not subject to a separate decision on dismissal of appeal and also sentenced to a judgment.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (1) is consistent with Defendant B (hereinafter “Defendant B”)’s statement from the investigative agency to the court of the court below, and the witness G’s statement alone is insufficient to reject Defendant B’s statement. As such, the part of the facts charged against Defendant A is sufficiently proven.

I would like to say.

The judgment below

Among the defendants A, there is an error of law due to mistake of facts.

(2) In light of the fact that it is necessary to find a guilty of the injury to Defendant A, who committed the instant crime, and that the damage was not completely recovered, the sentence (300,000 won) sentenced by the lower court against Defendant A is too uneasy and unreasonable.

B. (1) The lower court rendered a judgment on the assertion of mistake of facts on the grounds stated in its reasoning, that it is insufficient to recognize the fact that Defendant B’s statement was difficult to believe and the remaining evidence alone, and that Defendant A was injured by Defendant B, and that there is no other evidence to acknowledge it, acquitted Defendant A of the injury.

In full view of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just, and there is no error in the misapprehension of facts alleged by the prosecutor.

(2) Illegal assertion of sentencing.

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