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(영문) 광주지방법원 2017.08.30 2017노559
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, including each of the statements at the investigative agency of the victim C (hereinafter “victim”) and the court of the court below, and part of the statement at G in the court of the court below, the gist of the grounds for appeal is as follows: (a) it is sufficiently recognized that the Defendant inflicted an injury on the victim, such as albage, etc. requiring approximately three weeks of medical treatment by cutting down the breabbbbage of the victim with the victim around November 28, 2015.

Nevertheless, the court below acquitted the Defendant of the facts charged of this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The Defendant and the victim of the facts charged in the instant case are the Dong-dong representative of the D Apartment-si.

On November 28, 2015, the Defendant listened to F, the same apartment representative of the apartment house, “Isn't have to go to a high assistant principal due to their birth and to raise the level of assistant principal” and talking about his private life with the victim’s “Isn't talk about the other’s private life.”

“In accordance with the terms of “the victim and the victim were humped with each other, and the victim was involved in the loss of food for about three weeks during a short period of time (less than 30 minutes) requiring the victim’s treatment, and was injured by brain-dead, etc. with no open address in the two areas.

B. The lower court determined that the instant facts charged is not guilty on the grounds that the direct evidence consistent with the facts charged in the instant case is the sole statement of C, and that in light of the circumstances indicated in its reasoning, it is difficult to believe C’s statement as it is, and the remaining evidence submitted by the prosecutor alone is difficult to recognize that the instant facts charged were proven without any reasonable doubt, and that there is no other evidence to acknowledge

(c)

(1) The conviction in a criminal trial is to the extent that there is no reasonable doubt for a judge.

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