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(영문) 대전지방법원 2013.10.10 2013노1308
상해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could be found to have inflicted an injury on the victim by leaving the victim's chest over the rear and leaving the victim face in the drainage channel, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.

Judgment

The court below acknowledged the following circumstances based on the evidence duly adopted and investigated by the court below: (i) the victim argued that he was frighting to 180 degrees of body on the wind at the time of the instant case and her body was frighting to the air with a correct drainage. However, if the victim was frighting to the head part in a concrete drainage route with strong power and the head part was frighting to her body, the victim was frighting to her body at the time of the instant case, it would be difficult for the victim to easily understand the head or face part of the instant case in light of the empirical rule; (ii) it is difficult for the victim to believe that the victim was frighting to her body at the time of the instant case; and (iii) it is difficult for the victim to believe that the victim was frighting to her own body at the time of the instant case, and in particular, it is difficult for the victim and GF and H to believe that there was no other evidence to acknowledge the victim's body and face part of the instant judgment.

Therefore, the judgment of the court below to the same purport is legitimate, and the prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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