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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.12.12 2013노3252
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the summary of the grounds for appeal, the lower court found the Defendant not guilty, despite sufficient proof of facts constituting the crime, based on the evidence, erred by misapprehending the facts.

2. Determination

A. A. The summary of the facts charged is around 02:30 on February 25, 2013, the Defendant, within “H” located in Sinsi-si G, and is present at the court as a assault case, and the Defendant’s wife was present at the court. As such, at one time the victim I was aware of the victim I’s inside and outside of the victim I, and the victim was injured by the victim, such as the number of days of treatment.

B. The court below held that the court below found the defendant guilty of this part of the charges on the ground that it is difficult to believe that the defendant's interrogation protocol of the police interrogation of the defendant against the defendant denies its contents in the court of original instance, and that the victim I's statement at the police station stated that "I got out of the influence of alcohol" in the court of original instance, and that I stated in the court of original instance that "I, a witness, "I got out of the influence of alcohol in the court of original instance," and I stated in the court of original instance that "I would like to say that the defendant's and the defendant's wife's wife's wife's wife are in conflict with the defendant's wife's wife's wife's wife's wife's wife's wife's oral statement after the lapse of the court of original instance, and there is no other evidence to prove the facts charged."

C. In a criminal trial for a trial for a trial of a party, the recognition of facts constituting an offense ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. As such, in a case where the prosecutor’s proof fails to sufficiently reach the extent to have the aforementioned convictions, even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictoryly or uncomfortable.

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