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(영문) 대구지방법원 2020.11.13 2019노3894
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor at the time of the original trial, the part not guilty in the reasoning of the case 2019 High Court Decision 2015Hun-Ga19, the court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment, although it is possible to acknowledge the fact that the victim D was injured due to Defendant’

B. According to the evidence submitted by the prosecutor, at the time of the original trial, the part not guilty in the case of 2019 High Court 53, the court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment, although it could be recognized that the victim I suffered bodily injury due to the Defendant’s assault.

2. Determination

A. At the time of the original adjudication, the lower court acquitted the part of the facts charged in the instant case on the ground that it is difficult to deem that the part of the facts charged in the instant case was proven to the extent that there is no reasonable doubt as to whether the part of the facts charged was proven to the extent that the part of the instant charges was proven to the extent that, in light of the following circumstances: (a) the wound accompanied by the instant assault was naturally cured without any minor and treatment that could normally occur during the daily life; (b) there is no evidence to deem that the injured party D was additionally treated; and (c) there is no evidence to deem that the injured party D was damaged by the instant assault; and (d) the remaining evidence submitted by the Prosecutor alone is insufficient to recognize that the part of the facts charged in the instant case was proven to the extent that there is no reasonable doubt.

Examining the reasoning of the judgment below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error of misconception of facts or misapprehension of legal principles as alleged by the prosecutor.

B. The lower court, at the time of the original adjudication, found the Defendant not guilty of the case 2019 High Court Decision.

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