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(영문) 서울북부지방법원 2013.05.09 2013노220
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In full view of the summary of the grounds for appeal D, E, and G’s statements and the description of each injury diagnosis report, the Defendants injured the victims as stated in the facts charged.

2. The court below found the Defendants not guilty on the grounds that the witness examination of D, E, H, G, and I explained the reasons and the evidence submitted by the prosecutor alone, including D, E’s statement, and other evidence presented by the prosecutor, as stated in the facts charged, are insufficient to recognize that Defendant A and Defendant B sustained each injury as stated in the facts charged, and there is no other evidence to recognize otherwise. In light of the reasoning of the judgment below compared with the record, the court below’s decision is just and acceptable. Thus,

3. Therefore, 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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