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(영문) 서울남부지방법원 2020.10.15 2019노2392
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant on the facts charged of injury on the grounds of denying the credibility of the victim's statement, despite the recognition of the credibility of the victim's statement that suffered bodily injury from the defendant, is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant on the ground that it is difficult to recognize the credibility of the victim’s statement that he/she suffered bodily injury from the Defendant, and it is difficult to deem the Defendant to have suffered bodily injury by taking account of the evidence of the prosecutor’s submission even after adding the evidence

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by

Therefore, the prosecutor's above assertion is without merit.

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

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