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(영문) 광주지방법원 2020.01.22 2019노1350
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the victim's statement in the summary of the grounds for appeal, the court below found the defendant not guilty of the above facts charged despite the fact that the defendant had inflicted bodily injury on the victim as stated in the facts charged of this case.

2. The lower court found the Defendant not guilty on the grounds that it is difficult to believe the victim’s statement and the victim’s statement in the police station E, and there is no other evidence to prove the facts charged of the instant case.

In addition to the circumstances revealed by the court below, the following circumstances acknowledged in accordance with the records of this case, namely, ① there was F, E, and G, etc. in the site at the time, i.e., the Defendant and the victim, and F, in the investigative agency and the court of original trial; ② in the prosecutor’s office, the police stated that “A was unable to witness the victim because the Defendant was pushed the victim,” and ② in the police, E made a statement to the effect that the Defendant got the victim out of the afterma, the Defendant was pushed the victim. However, as seen earlier, the prosecutor made a statement to the effect that it was difficult to believe the Defendant’s statement at the above police station as it was difficult for the prosecutor to believe that the victim was pushed the victim, and ③ even according to the sound file at the time, it was not confirmed by the victim’s secret defense or ordinary voice, etc. that may arise in the process of exceeding the victim, the above judgment of the court below is justified, and there is no error of law by mistake of facts as alleged by the prosecutor.

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

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