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(영문) 청주지방법원 2019.06.21 2018노1194
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by a mistake-finding prosecutor, the court below acquitted the defendant on this part, since it is recognized that the defendant was damaged by plucking, plucking, etc. of the victim's hand, and the victim was damaged by a plucking, etc. of the fourth balance

B. Of the facts charged, the lower court: (a) recognized only the part on the charge that the Defendant received the head of the victim’s head on his/her own and inflicted an injury on the victim’s face, such as blood transfusion, etc. by strokeing the victim’s face; and (b) sentenced a fine of KRW 4,00,000; and (c) sentenced the lower court’s punishment too uneasible

2. The lower court rendered a not guilty verdict on the assertion of mistake of facts on the ground that it is difficult to deem that there is no reasonable doubt as to this part of the facts charged, based on the following circumstances.

In comparison with records, the judgment of the court below is just and acceptable, and there is no error of mistake of facts.

1) Although evidence consistent with this part of the facts charged exists in the investigation agency of E and the court of the court below, it is difficult to believe that E’s statement is in good faith in light of the following circumstances, and the remaining evidence submitted by the prosecutor is insufficient to accept it. 2) The Defendant, from the investigation agency to the court of the court of the court below, took head of E and took face of E by hand, but consistently stated that there is no fact of plucking, plucking, plucking, etc. of E.

3 E made a statement at an investigative agency to the effect that “the defendant was spawn by assaulting a drinking face, and the defendant was plicked and plucked behind the finger.”

However, in the court of the court below, the court of the court below held that "I will not accurately memory the fingers," and "I will know how I will do so in the state of dispute."

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