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(영문) 대전지방법원 2016.12.22 2016노1452
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with the facts of damage. Considering the credibility of the statement, the diagnosis of the injury and the victim’s degree of damage conforms to the objective, it is reasonable to deem that the Defendant inflicted bodily injury on the victim. However, the judgment of the court below which acquitted the Defendant, is erroneous in matters of law.

2. The court below rendered a not-guilty verdict against the defendant on the grounds as stated in its holding, and examined the various circumstances recognized by the court below closely by comparing them with records, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal 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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