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(영문) 부산지방법원 2020.02.05 2019노1855
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal (the factual error) can sufficiently recognize the fact that the defendant assaultsd the victim as stated in the facts charged in the instant case.

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 rendered a not guilty verdict on this part of the facts charged on the ground that it is difficult to view that the evidence alone presented by the prosecutor alone was insufficient to prove that the Defendant abused the victim as stated in the facts charged of this case, in view of the circumstances indicated in its reasoning, based on the records of this case.

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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