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(영문) 제주지방법원 2017.05.11 2016노620
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court rendered a not guilty verdict on the part of the facts charged in the instant case that the Defendant inflicted injury on the victim, such as the taking of blood, taking of clothes, taking of a part in the instant charges for about six weeks of medical treatment, or damage to the beer and beer, etc., and according to the evidence submitted by the prosecutor, the lower court found the Defendant guilty of this part of the facts charged. In so determining, it erred

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too uneasy and unreasonable.

2. Determination

A. On November 15:00 on November 18, 2014, the Defendant: (a) brought an injury on the part of this part of the facts charged (the part not guilty on the ground of the reasoning) on the ground that the Defendant was the inmate in the E-living room in D, a facility for the protection of persons with disabilities with severe disabilities, on the ground that the victim was spawd, and caused the victim’s injury, such as the damage to the blood clothes, the mouths, the mouths, or the livers, which requires approximately six weeks of medical treatment.

2) The lower court’s judgment on the grounds indicated in its reasoning is insufficient to have judges have convictions to the extent of excluding a reasonable doubt that the Defendant, with the sole evidence submitted by the prosecutor, has suffered injury to the victim, such as blood clothes, mouths, or livering with the victim by walking the victim’s clothes or recitings, thereby causing injury to the victim.

In light of this, the lower court acquitted this part of the charges.

3) The burden of proving the facts charged in a criminal trial is imposed on the prosecutor in the relevant legal doctrine. The conviction of the guilty ought to be based on the evidence of probative value, which makes the judge not having any reasonable doubt, to the extent that the facts charged are true. Therefore, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it is the benefit of the defendant.

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