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(영문) 부산지방법원 2020.11.20 2020노65
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor, the fact that the Defendant: (a) pushed the victim in the direction of the stairs as stated in the facts charged in the instant case; and (b) caused the injury to the victim by walking the victim’s body in several instances, as seen in the instant facts charged, can be fully recognized.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court found the Defendant not guilty of the instant facts charged on the ground that the evidence presented by the prosecutor alone was insufficient to acknowledge the fact that the Defendant inflicted bodily injury on the victim as stated in the instant facts charged, and that there was no other evidence to acknowledge it.

Examining the above judgment of the court below after comparing it with records, the judgment of the court below is justified, and contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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