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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted, including the victim C’s statement, to which the summary of the grounds for appeal is recognized as credibility, the fact that the Defendant inflicted an injury on the victim as stated in the facts charged in the instant case can be acknowledged. According to the statement of the police officer F dispatched to the site at the time of the instant case and the police officer E who investigated the Defendant, the Defendant at least acknowledged the fact that “the Defendant was able to have both snow parts of the victim, cut off one time by hand, and knife one hand.”
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case on the ground that there was no proof of criminal facts.
2. Determination
A. The summary of the facts charged is between the victim C (43 years and Chinese nationality) and the married couple who reported the marriage.
On July 31, 2017, around 23:30 on July 23:30, 2017, the Defendant: (a) brought a dispute with the suspicion that the victim does not have to have to have to have to have to have to have to have himself to do so; (b) placed the other victims who did not have to have to have his to have his to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to do so on a hand; and (c) put the victim to have to have to have to have both to have to have to have to have to have to have to have to have to have to have to have his to have to have to have to have to have to
B. The lower court, while clearly explaining the grounds for its determination in detail, proved that it is difficult to believe the victim’s statement that conforms to the facts charged in the instant case as it is, and other evidence submitted by the prosecutor alone, that the Defendant assaults the victim as stated in the facts charged in the instant case, or that the victim suffered injury as stated in the facts charged, beyond reasonable doubt, was proven.
It is difficult to see
In light of the facts charged, the lower court acquitted the instant charges.
However, the following circumstances, which were duly adopted and examined by the court below, are acknowledged by the evidence duly admitted and examined by the court below, in other words, at the court of the court below.